[Rev. 2/28/2019 2:19:14 PM]
LAWS OF THE STATE OF NEVADA
κ1960 Statutes of Nevada, Page 1κ
LAWS OF THE STATE OF NEVADA
Passed at the
FIFTIETH SESSION OF THE LEGISLATURE
1960
________
Senate Bill No. 1Senator Settelmeyer
CHAPTER 1
AN ACT creating the 1960 legislative fund and making an appropriation therefor.
[Approved January 20, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the purpose of paying the salaries, mileage, and the postage and stationery allowances of members of the 1960 Nevada legislature, the salaries of the attaches, and the incidental expenses of the respective houses thereof, there is hereby appropriated from the general fund in the state treasury the sum of $175,000, which sum shall constitute the 1960 legislative fund.
Sec. 2. The state controller is hereby authorized and required to draw his warrants on the 1960 legislative fund in favor of the members and employees of the senate and assembly for per diem, mileage, stationery allowances, compensation and incidental expenses of the respective houses, when properly certified in accordance with law, and the state treasurer is hereby authorized and required to pay the same.
Sec. 3. Any unexpended portion of the 1960 legislative fund shall revert to the general fund on December 31, 1960.
Sec. 4. This act shall become effective upon passage and approval.
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Senate Bill No. 13Committee on Taxation
CHAPTER 2
AN ACT to amend NRS section 370.280, relating to cigarette revenue tax refunds, by providing for refunds, to wholesalers or manufacturers, of cigarette taxes paid on cigarettes destroyed after March 26, 1959, because stale; by requiring additional information in affidavits supporting applications for such refunds; and by providing other matters properly relating thereto.
[Approved February 2, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 370.280 is hereby amended to read as follows:
370.280 1. Upon proof satisfactory to the tax commission, refunds shall be allowed for the face value of the cigarette revenue stamp tax paid, less any discount previously allowed on any such tax so paid, upon cigarettes that are sold to:
κ1960 Statutes of Nevada, Page 2 (CHAPTER 2, SB 13)κ
shall be allowed for the face value of the cigarette revenue stamp tax paid, less any discount previously allowed on any such tax so paid, upon cigarettes that are sold to:
(a) The United States Government for Army, Air Force, Navy or Marine Corps purposes and are shipped to a point within this state to a place which has been lawfully ceded to the United States Government for Army, Air Force, Navy or Marine Corps purposes; or
(b) Veterans hospitals for distribution or sale to disabled service or ex-service men interned therein, but not to civilians or civilian employees.
2. Upon proof satisfactory to the tax commission, refunds shall be allowed to licensed wholesale cigarette dealers, or to manufacturers or their representatives, for the face value of the cigarette revenue stamp tax paid, less any discount previously allowed on any such tax so paid, upon cigarettes destroyed [by them] after March 26, 1959, because such cigarettes had become stale. Applications for refunds shall be submitted no oftener than once in any 3-month period, shall be in an amount of not less than $15 and shall be accompanied by an affidavit of the applicant setting forth:
(a) The number of packages of cigarettes destroyed for which refund is claimed;
(b) The date or dates on which such cigarettes were destroyed and the place where destroyed; [and]
(c) That the cigarettes were actually destroyed [in his presence] because they had become stale; [.]
(d) By whom such cigarettes were destroyed; and
(e) Such other information as the tax commission may require.
3. Any refund shall be paid as other claims against the state are paid.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 75Messrs. Knisley, Bastian and Humphrey (Washoe)
CHAPTER 3
AN ACT to provide an additional and supplemental appropriation for the support of the state planning board in carrying out the provisions of chapter 400, Statutes of Nevada 1959, relating to the design, construction and furnishing of a combined classroom and physical education building at Nevada Southern regional branch, University of Nevada, in Clark County, Nevada.
[Approved February 8, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the purpose of providing additional support of the state planning board in carrying out the provisions of chapter 400, Statutes of Nevada 1959, there is hereby appropriated from the general fund in the state treasury the sum of $48,750.
Sec. 2. This act shall become effective upon passage and approval.
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κ1960 Statutes of Nevada, Page 3κ
Assembly Bill No. 30Mr. Knisley
CHAPTER 4
AN ACT authorizing Pershing County to acquire and maintain a new hospital and site therefor at or near the City of Lovelock; concerning the issuance of bonds for such purpose in not to exceed the aggregate principal amount of $400,000 and the levy of taxes in connection therewith; prescribing other details concerning such bonds and such taxes; and concerning other matters properly relating thereto.
[Approved February 11, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The board of county commissioners of Pershing County, State of Nevada, is hereby authorized and empowered to acquire and maintain a new hospital and site therefor at or near the City of Lovelock, and to issue general obligation bonds for such purpose in not to exceed the aggregate principal amount of $400,000.
Sec. 2. The bonds shall be of convenient denominations, shall be negotiable in form, shall mature serially in regular numerical order at annual or other designated intervals in amounts which shall be designated and fixed by the board, commencing not later than 3 years from the date of the bonds and ending not later than 20 years from such date, and shall bear interest at a rate or rates of not more than 6 percent per annum, the interest on each bond to be payable annually, semi-annually, or at other designated intervals. The bonds shall be made payable in lawful money of the United States of America, at such place or places within or without the State of Nevada, as may be provided by the board. The bonds and coupons shall be signed by the chairman of the board of county commissioners and countersigned by the treasurer of the county, and the bonds shall be authenticated by the official seal of the county. Facsimile signatures may be used on the coupons. The board of county commissioners may provide for the registration of the bonds for payment as to principal or interest, or both, and may provide for the redemption of any or all of the bonds prior to maturity, upon such terms and upon the payment of such premium, if any, as may be determined by the board in the ordinance authorizing the issuance of the bonds.
Sec. 3. The board is hereby authorized to sell such bonds, at public sale in accordance with NRS 350.120 to 350.160, both inclusive, at one time, or from time to time, as the board may determine, for not less than the principal amount thereof and accrued interest; provided, however, that none of the bonds shall be issued, sold or delivered after 3 years from the effective date of this act. No discount or commission shall be allowed or paid on or for any such sale to any purchaser or bidder, directly or indirectly, provided that the board may employ legal, fiscal, engineering or other expert services in connection with the acquisition and maintenance hereby authorized and with the authorization, issuance and sale of such bonds.
Sec. 4. The general obligation bonds authorized to be issued under the provisions of this act shall be payable from general (ad valorem) taxes levied against all the taxable property in the county, including the net proceeds of mines; and so far as legally possible, within the limitations of sections 2 of article 10 of the constitution of the State of Nevada, the bonds shall be payable as to both principal and interest from taxes, fully sufficient for that purpose, to be levied on all taxable property within the boundaries of the county, and without regard to any other statutory tax limitations now or hereafter existing.
κ1960 Statutes of Nevada, Page 4 (CHAPTER 4, AB 30)κ
the provisions of this act shall be payable from general (ad valorem) taxes levied against all the taxable property in the county, including the net proceeds of mines; and so far as legally possible, within the limitations of sections 2 of article 10 of the constitution of the State of Nevada, the bonds shall be payable as to both principal and interest from taxes, fully sufficient for that purpose, to be levied on all taxable property within the boundaries of the county, and without regard to any other statutory tax limitations now or hereafter existing. It shall be the duty of the board and of any other body as may be charged with the duty of levying taxes therein, annually in due season to provide for the levy of taxes fully sufficient, after making due allowances for probable delinquencies, to assure the prompt payment of all such principal and interest as they become due. In any year in which the total taxes levied against the taxable property in the county by all overlapping units therein may exceed the limitation of 5 cents on the dollar imposed by section 2 of article 10 of the constitution of the State of Nevada, and it shall become necessary by reason thereof to reduce the levies made by any or all such units, the reduction so made shall be in taxes levied by such unit or units for purposes other than the payment of their bonded indebtedness, and the taxes levied hereafter for the payment of bonded indebtedness shall always enjoy a priority over taxes levied by each such unit for all other purposes where reduction is necessary in order to comply with the limitations of section 2 of article 10. Nothing herein contained shall be so construed as to prevent the county from applying other funds that may be in the treasury and available for that purpose to the payment of such interest and principal as the same respectively mature, and upon such payments the levy or levies therefor provided may thereupon to that extent be diminished.
Sec. 5. The ordinance or ordinances providing for the issuance of such bonds may state that the bonds shall contain a recital that they are issued pursuant to this act, which recital shall be conclusive evidence of their validity and the regularity of their issuance.
Sec. 6. This act, without reference to other statutes of the state or to action heretofore taken by the county or city officers, shall constitute full authority for the authorization and issuance of bonds hereunder, except as herein otherwise provided. The bonds may be issued, and the hospital acquired and maintained, without an election and without adherence to NRS 450.010 to 450.060, and 450.270 to 450.380, all inclusive, and no other act or law with regard to the authorization or issuance of bonds that in any way impedes or restricts the carrying out of the acts herein authorized to be done, shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto. The powers conferred by this act shall be in addition to and supplemental to, and not in substitution for, and the limitations imposed by this act shall not affect the powers conferred by, any other law. No part of this act shall repeal or affect any other law or any part thereof, it being intended that this act shall provide a separate method of accomplishing its objectives, and not an exclusive one.
κ1960 Statutes of Nevada, Page 5 (CHAPTER 4, AB 30)κ
Sec. 7. Bonds issued under the provisions of this act, their transfer, and the income therefrom shall forever be and remain free and exempt from taxation by this state or any subdivision thereof.
Sec. 8. It shall be legal for the State of Nevada and any of its agencies, departments or political subdivisions, or any political or public corporation, or any instrumentality of the State of Nevada, to invest funds or moneys in their custody in any of the bonds authorized to be issued pursuant to the provisions of this act.
Sec. 9. This act being necessary to secure and preserve the public health, safety, and convenience and welfare, it shall be liberally construed to effect its purpose.
Sec. 10. If any provisions of this act or the application thereof to any person, association, corporation, or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this extent the provisions of this act are declared to be severable.
Sec. 11. This act shall become effective upon passage and approval.
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Senate Bill No. 47Senator Seevers
CHAPTER 5
AN ACT to amend an act entitled An Act to authorize the board of county commissioners of the county of Mineral, State of Nevada, to purchase, acquire and construct an electrical power and telephone line, extending from the Lundy generating plant of the Nevada-California power company situated in the county of Mono, State of California, to the town of Hawthorne, Nevada, and thence via Luning and Mina to the town of Simon in the county of Mineral, State of Nevada, and branches thereof; providing for the maintenance and operation of said line as a public utility; the issuance and sale of bonds therefor; the levy and collection of taxes for the payment of such bonds, and other matters relating thereto, approved March 4, 1921, as amended.
[Approved February 12, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 19 of the above-entitled act, being chapter 45, Statutes of Nevada 1921, as last amended by chapter 259, Statutes of Nevada 1953, at page 367, is hereby amended to read as follows:
Section 19. All moneys received for service or the sale of electrical energy and current distributed by said system, and other revenues accruing therefrom or in connection therewith, shall be paid by the officer or person collecting the same to the county treasurer of the county of Mineral, and shall be by him placed in the Mineral County Light and Power Fund, which is hereby created; provided, however, that all moneys deposited by users as meter deposits or line construction deposits shall be kept in a separate fund, to be known as the Mineral county light and power deposit fund, which is likewise hereby created; and the board of commissioners
κ1960 Statutes of Nevada, Page 6 (CHAPTER 5, SB 47)κ
hereby created; and the board of commissioners [may, from time to time, set aside such portion thereof as may be necessary or advisable to provide for the maintenance and operation of the Mineral County power line.] shall set aside 15 percent of the plant capital investment book value to provide for the maintenance and operation of the Mineral County power system.
An amount of money in lieu of franchise tax shall be paid annually to the unincorporated towns of Hawthorne, Mina and Luning as follows:
(a) Ten percent of the annual gross revenue from the sale of energy to each unincorporated town and the consumers therein up to $100,000;
(b) Five percent of the annual gross revenue from the sale of energy to each unincorporated town and the consumers therein from $100,000 to $200,000;
(c) Two and one-half percent of the annual gross revenue from the sale of energy to each unincorporated town and the consumers therein from $200,000 upwards.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 35Committee on Judiciary
CHAPTER 6
AN ACT to amend NRS section 248.290, relating to fees allowed county sheriffs, by eliminating an ambiguity as to the amount necessary to qualify for a fee of 1.5 percent.
[Approved February 12, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 248.290 is hereby amended to read as follows:
248.290 1. Except as provided in NRS 248.265 to 248.280, inclusive, sheriffs in counties wherein the total vote at the last general election did not exceed 800, and sheriffs in counties wherein the total vote at the last general election exceeded 800, shall be allowed the following fees:
Counties Counties
polling polling
800 votes over 800
or less votes
For serving a summons and complaint, or any other process by which an action or proceeding is commenced, on every defendant........... $2.00............................................................................................................... $1.50
For traveling in making such service, per mile, in going only, to be computed in all cases from the courthouse of the county:
In counties polling 800 votes or less:
For the first 10 miles.............................................................. .50 ...........................................................................................
For each additional mile........................................................ .40 ...........................................................................................
In counties polling over 800 votes............................................ ......... .................................................................................................. .15
κ1960 Statutes of Nevada, Page 7 (CHAPTER 6, AB 35)κ
Counties Counties
polling polling
800 votes over 800
or less votes
If any two or more papers are required to be served in the same suit, at the same time, where parties live in the same direction from the courthouse, one mileage only shall be charged.
For taking bond or undertaking in any case which he is authorized to take the same............................................................................................... $1.50............................................................................................................... $1.00
For copy of any writ, process or other paper, when demanded or required by law, for each folio.......................................................................... .30............................................................................................................... .25
For serving every notice, rule or order.................................................. 1.00............................................................................................................... .50
For serving a subpena, for each witness summoned.......................... .50............................................................................................................... .25
For traveling per mile, in serving such subpena, in going only:
In counties polling 800 votes or less:
For the first 10 miles.............................................................. .50 ...........................................................................................
For each additional mile........................................................ .40 ...........................................................................................
In counties polling over 800 votes............................................ ......... .................................................................................................. .15
When two or more witnesses live in the same direction, traveling fees shall be charged only for the most distant.
For serving an attachment on property or levying an execution, or executing an order of arrest, or order for delivery of personal property, with traveling fees as in cases of summons................................... 3.00............................................................................................................... 2.00
For serving an attachment on any ship, boat or vessel in proceedings to enforce any lien thereon created by law......................................... 5.00............................................................................................................... 4.00
For making and posting notices, and advertising for sale, on execution or order, any judgment or order of sale, not to include the cost of publication in a newspaper............................................................... 2.00............................................................................................................... 1.50
For drawing and executing every sheriffs deed, to be paid by the grantee, who shall, in addition, pay for the acknowledgment thereof....... 5.00............................................................................................................... 3.00
For serving a writ of possession or restitution, putting any person in possession entitled thereto.............................................................. 5.00............................................................................................................... 3.00
For traveling in the service of any process not hereinbefore mentioned, for each mile necessarily traveled, for going only:
In counties polling 800 votes or less:
For the first 10 miles.............................................................. .50 ...........................................................................................
For each additional mile........................................................ .40 ...........................................................................................
In counties polling over 800 votes............................................ ......... .................................................................................................. .15
For attending, when required, on any court of record, in person or by deputy, for each day, to be paid out of the county treasury....... 5.00............................................................................................................... 4.00
κ1960 Statutes of Nevada, Page 8 (CHAPTER 6, AB 35)κ
For bringing up a prisoner on habeas corpus, to testify or answer to any court or for examination as to the cause of his arrest or detention, or to give bail................................................................................................ $2.00............................................................................................................... $1.50
For holding each inquest or trial of right of property, when required, to include all services except mileage.................................................. 10.00............................................................................................................... 7.50
For attending on the supreme court, either in person or by deputy, to be paid out of the state treasury as other claims, for each day........ 8.00............................................................................................................... 6.00
For every arrest in a criminal proceeding.............................................. 3.00............................................................................................................... 2.00
For serving each subpena in criminal cases......................................... .50............................................................................................................... .40
2. Sheriffs in counties wherein the total vote at the last general election did not exceed 800 shall also be allowed to charge and collect:
(a) For commissions for receiving and paying over money on execution or process, where lands or personal property have been levied on, advertised, and sold, on the first $500, 4 percent; not exceeding $1,000, but over $500, 2 percent; on all over $1,000 and not exceeding $1,500, and on all sums above that amount, 1 percent.
(b) For commissions for receiving and paying over money on execution without levy, or when the lands or goods levied on shall not be sold, on the first $1,000, 1 percent; on all over that sum, one-half of 1 percent.
3. Sheriffs in counties wherein the total vote at the last general election exceeded 800 shall also be allowed to charge and collect:
(a) For commissions for receiving and paying over money on execution or process, where lands or personal property have been levied on, advertised and sold, on the first $500, 3 percent; not exceeding [$1,000,] $1,500, but over $500, 1.5 percent; and on all sums over $1,500, three-fourths of 1 percent.
(b) For commissions for receiving and paying over money on execution without levy, or when the lands or goods levied on shall not be sold, one-half of 1 percent.
4. Each sheriff shall also be allowed:
(a) Such further compensation for his trouble and expense in taking possession of property under attachment or execution or other process, and of preserving the same, as the court from which the writ or order may issue shall certify to be just and reasonable.
(b) For service of any process in criminal cases, the same mileage as in civil cases.
(c) For all services in justices courts, the same fees as are allowed to constables.
5. In serving subpenas in criminal cases, each sheriff shall receive mileage for the most distant only, when witnesses live in the same direction.
6. The fees herein allowed for the levy of an execution, for advertising, and for making and collecting money on an execution, shall be collected from the defendants by virtue of such execution, in the same manner as the same may be therein directed to be made.
7. Sheriffs shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except fees which may be retained as compensation.
κ1960 Statutes of Nevada, Page 9 (CHAPTER 6, AB 35)κ
for and pay to the county treasurer all fees collected during the preceding month, except fees which may be retained as compensation.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 36Committee on Judiciary
CHAPTER 7
AN ACT to amend NRS section 176.180, relating to indeterminate sentences of imprisonment, by deleting the requirement that the trial judge recommend to the state board of parole commissioners a fixed period of confinement.
[Approved February 12, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 176.180 is hereby amended to read as follows:
176.180 1. Whenever any person shall be convicted of any felony for which no fixed period of confinement is imposed by law and where a judgment of confinement is rendered, the court shall, in addition to any fine or forfeiture which it may impose, direct that such person be confined in the state prison for an indeterminate term limited only by the minimum and maximum term of imprisonment prescribed by law for the offense of which such person shall be convicted.
2. Where no minimum term of imprisonment is prescribed by law, the court shall fix the minimum term in its discretion at not less than 1 year nor more than 5 years, and where no maximum term of imprisonment is prescribed by law, the court shall fix such maximum term of imprisonment.
3. Immediately after the rendition of judgment in such case, the district attorney who prosecuted the same shall transmit [to the district judge who presided at the trial,] to the warden of the state prison and to the chairman of the state board of parole commissioners (upon forms to be supplied by the board) a written statement of facts respecting such convicted person, and the cause in which he was convicted or plead guilty, and shall include in such statement such comments as he may deem pertinent.
4. As soon as possible after the delivery of the prisoner to the state prison, and not later than 90 days thereafter, the warden shall transmit to the [trial judge, with a copy to the] chairman of the state board of parole commissioners, a statement setting forth results of investigation of the prior record of the prisoner.
[5. Within 10 days after the receipt of the wardens statement the trial judge shall transmit to the chairman of the state board of parole commissioners, with a copy to the warden of the state prison, a written statement containing facts and comments pertinent to the case, and he shall therein recommend some fixed period for confinement of the defendant within the limits of the sentence imposed.]
Sec. 2. This act shall become effective upon passage and approval.
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κ1960 Statutes of Nevada, Page 10κ
Assembly Bill No. 48Committee on Judiciary
CHAPTER 8
AN ACT to amend NRS section 3.295, relating to monthly lists of undecided district court cases, by requiring that the lists contain all matters standing submitted.
[Approved February 12, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 3.295 is hereby amended to read as follows:
3.295 The county clerk of each county shall, on or before the 5th day of each month, prepare and submit to the clerk of the supreme court a list of all [cases,] matters, by title and number, standing submitted to the district court of such county during the preceding month, and remaining undecided during such month.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 6Messrs. Bleak and Collins
CHAPTER 9
AN ACT to amend NRS section 177.100, relating to time allowed for appeal in criminal cases, by specifying time allowed for appeals to the supreme court and to the district court.
[Approved February 12, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 177.100 is hereby amended to read as follows:
177.100 An appeal to the supreme court from a judgment or order must be taken within 3 months after its rendition. An appeal to a district court from a final judgment of a justices court must be taken within the time specified in NRS 189.010.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 11Committee on Education and State University
CHAPTER 10
AN ACT to amend NRS sections 387.337 and 387.533, relating to written notice to county commissioners of intention of school districts to issue bonds, by allowing county commissioners to waive the requirement of such notice by resolution; and by providing other matters properly relating thereto.
[Approved February 12, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 387.337 is hereby amended to read as follows:
387.337 1. On or before January 1 preceding any fiscal year in which the board of trustees of a county school district intends to issue bonds, the clerk of such board of trustees shall notify, in writing, the board of county commissioners of the county whose boundaries are conterminous with the boundaries of such county school district of such intent.
κ1960 Statutes of Nevada, Page 11 (CHAPTER 10, SB 11)κ
which the board of trustees of a county school district intends to issue bonds, the clerk of such board of trustees shall notify, in writing, the board of county commissioners of the county whose boundaries are conterminous with the boundaries of such county school district of such intent. If the issue of such bonds was authorized by a prior bond election, the notice shall indicate the amount of such bonds to be issued in such year. If the issue of such bonds is contingent upon the outcome of a bond election to be held in such year, the notice shall indicate the amount of the bonds to be issued in such year if the issue thereof is authorized.
2. The notice required by subsection 1 may be waived by appropriate resolution of the board of county commissioners after the receipt of a written request therefor from the board of trustees of the county school district.
Sec. 2. NRS 387.533 is hereby amended to read as follows:
387.533 1. On or before January 1 preceding any fiscal year in which the board of trustees of a joint school district intends to issue bonds, the clerk of such board of trustees shall notify, in writing, the boards of county commissioners of the counties whose areas are within the joint school district of such intent. If the issue of such bonds was authorized by a prior bond election, the notice shall indicate the amount of such bonds to be issued in such year. If the issue of such bonds is contingent upon the outcome of a bond election to be held in such year, the notice shall indicate the amount of the bonds to be issued in such year if the sale thereof is authorized.
2. The notice required by subsection 1 may be waived by appropriate resolutions of the boards of county commissioners of the counties whose areas are within the joint school district after the receipt of a written request therefor from the board of trustees of the joint school district.
Sec. 3. This act shall become effective upon passage and approval.
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Assembly Bill No. 8White Pine County Delegation
CHAPTER 11
AN ACT to amend NRS section 244.445, relating to public improvements in counties having in excess of 15,000 population, by making the provisions of such section applicable to all counties of the state.
[Approved February 12, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.445 is hereby amended to read as follows:
244.445 The county commissioners of the counties of the state, [having a population in excess of 15,000,] in addition to the powers already conferred by law, for the protection of the public health, safety and general welfare of the inhabitants of the county, shall have power and jurisdiction within their respective counties, and outside of the limits of incorporated cities located in such counties:
κ1960 Statutes of Nevada, Page 12 (CHAPTER 11, AB 8)κ
1. To provide for the macadamizing, oiling, curbing, graveling, grading and regrading, paving, draining, cleaning, repairing, lighting, surfacing and resurfacing, and widening of any county highway, underpass, tunnel or other passageway, or to in any way whatsoever improve the same.
2. To provide for the construction, improvement, maintenance, vacation and preservation of county parks, playgrounds, and recreational facilities, and the construction, repair, maintenance, vacation and preservation of walks, crossings, bridges, drains, curbs, gutters, storm sewers, drainage systems, sewerage systems and sewage disposal plants.
3. To provide for the maintenance, repair, alteration, improvement and preservation of any other county property not herein mentioned, and to make any other county improvements or public improvement of any nature.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 80Churchill County Delegation
CHAPTER 12
AN ACT to amend an act entitled An Act concerning certain county officers in the county of Churchill, State of Nevada, fixing the salaries and compensation, and other matters properly relating thereto, and repealing all acts and parts of acts in conflict with this act, approved March 28, 1953, as amended.
[Approved February 12, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1 of the above-entitled act, being chapter 316, Statutes of Nevada 1953, at page 540, as last amended by chapter 132, Statutes of Nevada 1957, at page 179, is hereby amended to read as follows:
Section 1. From and after the first day of [April 1957] July 1960, the county officers of Churchill County named in this act shall receive the following salaries and fees in full compensation for their services.
Sec. 2. Section 2 of the above-entitled act, being chapter 316, Statutes of Nevada 1953, at page 540, as last amended by chapter 132, Statutes of Nevada 1957, at page 179, is hereby amended to read as follows:
Section 2. The sheriff and ex officio license collector shall receive the sum of not to exceed [$5,100] $5,700 per annum, and his actual traveling expenses in criminal cases. He shall pay to the county treasurer on or before the fifth day of each and every month all moneys collected by him from licenses and fees, and shall, at the same time, file with the county treasurer an itemized statement, under oath, of all such licenses and fees collected by him during the month next preceding, and also file a duplicate copy thereof with the clerk of the board of county commissioners.
κ1960 Statutes of Nevada, Page 13 (CHAPTER 12, AB 80)κ
Sec. 3. Section 3 of the above-entitled act, being chapter 316, Statutes of Nevada 1953, at page 541, as last amended by chapter 132, Statutes of Nevada 1957, at page 179, is hereby amended to read as follows:
Section 3. The county recorder and ex officio auditor shall receive the sum of not to exceed [$5,100] $5,700 per annum. All fees authorized by law shall be collected by him and paid to the county treasurer on or before the fifth day of each and every month, and he shall at the same time prepare and file with the county treasurer a full and accurate itemized statement, under oath, of all such fees collected by him in his official capacity during the month next preceding, and shall also file a duplicate copy thereof with the clerk of the board of county commissioners.
Sec. 4. Section 4 of the above-entitled act, being chapter 316, Statutes of Nevada 1953, at page 541, as last amended by chapter 132, Statutes of Nevada 1957, at page 179, is hereby amended to read as follows:
Section 4. The county assessor shall receive the sum of not to exceed [$5,100] $5,700 per annum.
Sec. 5. Section 5 of the above-entitled act, being chapter 316, Statutes of Nevada 1953, at page 541, as last amended by chapter 132, Statutes of Nevada 1957, at page 179, is hereby amended to read as follows:
Section 5. The county clerk and ex officio clerk of the county commissioners and ex officio clerk of the county board of equalization and ex officio treasurer shall receive the sum of not to exceed [$5,100] $5,700 per annum.
Sec. 6. Section 6 of the above-entitled act, being chapter 316, Statutes of Nevada 1953, at page 541, as last amended by chapter 132, Statutes of Nevada 1957, at page 179, is hereby amended to read as follows:
Section 6. The county commissioners shall receive the sum of not to exceed [$1,500] $2,400 per annum each.
Sec. 7. Section 7 of the above-entitled act, being chapter 316, Statutes of Nevada 1953, at page 541, as last amended by chapter 132, Statutes of Nevada 1957, at page 179, is hereby amended to read as follows:
Section 7. The district attorney shall receive a salary of not to exceed [$5,100] $5,700 per annum, and shall also be allowed his actual expenses when called from the county seat in the discharge of the official duties of district attorney.
________
κ1960 Statutes of Nevada, Page 14κ
Senate Bill No. 59Senator McGowan
CHAPTER 13
AN ACT to amend chapter 247 of NRS, relating to fees of county recorders, by creating a new provision establishing the fees chargeable by the county recorder of Pershing County.
[Approved February 13, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 247 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The county recorder of Pershing County shall be allowed to charge and collect the following fees:
For receiving, filing and entering documents required to be recorded. $0.25
For filing and entering any paper not to be recorded............................... .50
For making all necessary indexes to each paper filed or recorded, for each name to be indexed............................................................................................... .30
For recording any instrument, paper or document, for each folio.......... .30
If the photostatic method of recording is used, in lieu of 30 cents per folio, the county recorder may charge 75 cents for the first photostated page and 50 cents for each additional page or part of a photostated page.
For every certificate under seal...................................................................... 1.00
For every entry of discharge or assignment of mortgage on the margin of the records.......................................................................................................... 1.00
For abstract of title, for each folio................................................................. .30
If the photostatic method of abstracting is used, in lieu of 30 cents per folio, the county recorder may charge 75 cents for the first photostated page and 50 cents for each additional page or part of a photostated page.
For searching records and files, for each document necessarily examined .................................................................................................................. .25
For recording town plat, for each lot or separate subdivision exhibited thereby .................................................................................................................. .25
For each folio of lettering or figuring thereon, or in the certificate and description of the same................................................................. .50
For recording certificates of marriage.......................................................... 1.00
For copying of any document or record in his office, for each folio........ .30
For taking acknowledgment, including certificate and seal, for the first signature........................................................................................................................ 1.00
For each additional signature.......................................................... .25
For certifying any document, including certificate and seal, each......... 1.00
κ1960 Statutes of Nevada, Page 15 (CHAPTER 13, SB 59)κ
2. The county recorder shall be allowed to charge and collect:
(a) For recording or copying any paper in a foreign language, double the fees as when in English.
(b) For making photostatic or photographic copies, a reasonable fee based on the cost of making such copies.
3. No map or plat shall be recorded exceeding in size two folios of the usual size records.
4. The county recorder shall neither charge nor collect any fees for services rendered to the State of Nevada, or the county of Pershing, or any city or town within Pershing County, or any officer thereof in his official capacity.
5. The county recorder shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except fees which he may retain as compensation.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 3Mr. Dieleman
CHAPTER 14
AN ACT to amend NRS section 268.045, relating to capital improvement funds of cities, by providing exceptions to limitations on such funds; and by providing other matters properly relating thereto.
[Approved February 13, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 268.045 is hereby amended to read as follows:
268.045 1. [With] Except as otherwise provided in subsection 2, with the approval of the state board of finance, every incorporated city in this state, whether incorporated under the provisions of [chapter] chapters 266 or 267 of NRS or under the provisions of a special act, may accumulate a fund for a period of time not to exceed 10 years for the purpose of making future municipal capital improvements, but no special tax shall be levied for this purpose. Such fund shall not exceed the amount of 25 cents per year on each $100 of assessed value of real and personal property in such city.
2. With the approval of the state board of finance, every incorporated city in this state, whether incorporated under the provisions of chapters 266 or 267 of NRS or under the provisions of a special act, may accumulate any or all moneys received from the sale or lease of real and personal property, which property was transferred to the city by the Federal Government or one of its agencies without consideration, for the purpose of making future municipal capital improvements, without regard to the limitations of time and amount contained in subsection 1.
[2.] 3. All moneys so accumulated from whatever source shall be placed in a fund to be designated as the .. capital improvement fund.
κ1960 Statutes of Nevada, Page 16 (CHAPTER 14, AB 3)κ
[3.] 4. No moneys in the fund at the end of the fiscal year shall revert to the general fund of the city, nor shall such moneys be a surplus.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 4Mr. Dieleman
CHAPTER 15
AN ACT to amend chapter 710 of NRS, relating to utilities and carriers owned by local governments, by adding a new section authorizing certain cities to expend net profits derived from municipally owned and operated utilities for general municipal purposes.
[Approved February 13, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 710 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In any incorporated city having the commission form of government as defined by paragraph (b) of subsection 1 of NRS 267.010, all net profits derived from municipally owned and operated utilities may be expended, in the discretion of the governing body of such city, for general municipal purposes.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 51Washoe County Delegation
CHAPTER 16
AN ACT authorizing the city council of the city of Reno, Nevada, to order the transfer of certain bond redemption funds to the Reno general fund, and requiring the city treasurer to make the transfers when ordered to do so by the city council.
[Approved February 13, 1960]
Whereas, The city of Reno, a municipal corporation located in Washoe County, Nevada, has improved and constructed certain streets, alleys, curbs and gutters and has paid for the improvements and construction by issuing improvement bonds; and
Whereas, For the purpose of paying the principal and interest on the bonds there were created the 1947 Curb, Gutter and Alley Bond Redemption Fund, the 1947 Street Paving and Improvement Bond Redemption Fund, the 1947 East Second Street Bond Redemption Fund, the University Park Subdivision Bond Redemption Fund, and the 1948 Street and Alley Bond Redemption Fund; and
κ1960 Statutes of Nevada, Page 17 (CHAPTER 16, AB 51)κ
Whereas, The principal and interest have been paid on all the bonds for which the redemption funds were created, and there remains a total of $3,015.96 in the funds; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The city council of the city of Reno is hereby authorized to order the transfer of the $3,015.96 in the redemption funds mentioned in the preamble hereto, to the city of Reno general fund, and the treasurer of Washoe County, ex officio city treasurer of the city of Reno, shall make the transfers when ordered to do so by the city council.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 58Messrs. Crosby and Christensen (Washoe)
CHAPTER 17
AN ACT to amend an act entitled An Act to incorporate the city of Sparks, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, and repealing all acts and parts of acts in conflict herewith, approved March 28, 1949, as amended.
[Approved February 13, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 19 of Article XIX of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as added by chapter 463, Statutes of Nevada 1959, at page 817, is hereby amended to read as follows:
Section 19. There shall be a civil service commission of the city of Sparks, Nevada. The civil service commission shall consist of three citizens, not more than two of whom shall at any time belong to the same political party. After the effective date of this amendatory act the mayor, with confirmation by the city council, shall appoint three members of the civil service commission, one for a term of 1 year, one for a term of 2 years and one for a term of 3 years. Thereafter appointments shall be made for terms of 3 years. Every person appointed a member of the commission shall, before entering upon the duties of his office, take and subscribe the oath of office prescribed by the constitution of this state, and file the same, duly certified by the officer administering it, with the clerk of the city. No person shall be eligible for appointment as a member of the commission, and no person shall continue as a member of the commission, unless he shall be a resident and taxpayer of the city of Sparks, who shall otherwise have no connection with the city government and who shall hold no elective office. Vacancies on the civil service commission from whatever cause shall be filled by appointment by the mayor, subject to confirmation by the city council.
κ1960 Statutes of Nevada, Page 18 (CHAPTER 17, AB 58)κ
cause shall be filled by appointment by the mayor, subject to confirmation by the city council. The council shall provide for such employees as shall be necessary to enable the civil service commission to carry out properly the duties prescribed herein. [The members of the civil service commission shall receive no compensation for their services.] Each member of the civil service commission shall receive as compensation for his services the sum of ten dollars for each full meeting attended by him.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 84Messrs. Christensen (Washoe) and Crosby
CHAPTER 18
AN ACT making an appropriation to the City of Sparks for street paving and installing curbs and gutters on 21st Street between Frazer Avenue and Hymer Avenue, in the City of Sparks, Washoe County, Nevada, abutting on the property of the State of Nevada.
[Approved February 13, 1960]
Whereas, The city of Sparks, a municipal corporation located in Washoe County, Nevada, will provide for the improvement of certain streets in the City of Sparks, by the paving of such streets and installing curbs and gutters, which improvements include that portion of 21st Street between Frazer Avenue and Hymer Avenue, in such City of Sparks, abutting upon property owned by the State of Nevada, and will pay for such improvements by special assessments against the property fronting or abutting on such streets; and
Whereas, Under such improvement program the following improvements should be chargeable against the property of the State of Nevada:
463 front feet of concrete curb and gutter at $2.20 per foot................ $1,018.60
7,639.50 square feet of paving at 28.5 cents per square foot............... 2,177.26
_ ________
$3,195.86
now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The sum of $3,195.86 is hereby appropriated from the general fund in the state treasury for the payment of paving and installing curbs and gutters outlined in the preamble hereto, and the state controller is hereby authorized and directed to draw his warrant in favor of the City of Sparks for the sum of $3,195.86, and the state treasurer is hereby authorized and directed to pay the same upon the presentation of a duly authorized claim for such improvements presented by the city council of the City of Sparks and duly approved by the state board of examiners.
κ1960 Statutes of Nevada, Page 19 (CHAPTER 18, AB 84)κ
the presentation of a duly authorized claim for such improvements presented by the city council of the City of Sparks and duly approved by the state board of examiners.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 85Washoe County Delegation
CHAPTER 19
AN ACT to amend an act entitled An Act concerning and relating to certain county officers in Washoe County, Nevada, and fixing their compensation and allowances, approved March 21, 1945, as amended.
[Approved February 13, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1 of the above-entitled act, being chapter 102, Statutes of Nevada 1945, as last amended by chapter 339, Statutes of Nevada 1959, at page 513, is hereby amended to read as follows:
Section 1. The compensation of the respective officers of Washoe County, Nevada, herein designated, is hereby fixed as follows, to be allowed, audited, and fixed monthly:
The sheriff of Washoe County shall receive a salary of $9,000 per annum, and such commissions as ex officio license collector, as are now allowed by law.
The sheriff shall also receive his actual traveling expenses necessarily incurred in criminal cases when it becomes necessary to travel a greater distance than five miles from the county seat. He shall receive his actual traveling expenses necessarily incurred in civil cases wherein the county of Washoe, State of Nevada, are parties thereto.
The county clerk and ex officio clerk of the district court and of the board of county commissioners shall receive a salary of $9,000 per annum.
The county assessor shall receive a salary of $9,000 per annum.
The county assessor shall also receive a further sum of not more than $500 per annum for traveling expenses.
The district attorney shall receive a salary of [$9,000] $12,000 per annum.
The district attorney shall be allowed to employ, subject to the approval of the board of county commissioners, a special investigator at a salary to be fixed by the board of county commissioners, but in no event to exceed [$6,000] $7,200 per annum.
The county treasurer shall receive a salary of $7,200 per annum.
The county recorder and auditor shall receive a salary of $9,000 per annum.
The county commissioners of Washoe County shall each receive the sum of $400 per month, payable in equal monthly installments which shall be in full compensation for all services whatsoever required of such commissioners.
κ1960 Statutes of Nevada, Page 20 (CHAPTER 19, AB 85)κ
Sec. 2. This act shall become effective on the first day of the first month following its passage and approval.
________
Assembly Bill No. 92Messrs. Knisley, Bastian, Humphrey (Washoe), Bailey and Parks
CHAPTER 20
AN ACT to repeal an act entitled An Act appropriating the sum of $275,000, or so much thereof as may be necessary, for the purchase of certain real property and appurtenances thereto, known as Tule Springs Ranch and located in Clark County, Nevada, together with all buildings, improvements, fixtures, furniture, furnishings and equipment therein or thereon; prescribing the powers, duties and responsibilities of the legislative commission, the state planning board and the attorney general in connection therewith; and by providing other matters properly relating thereto, approved April 6, 1959; and providing other matters properly relating thereto.
[Approved February 13, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 432, Statutes of Nevada 1959, at pages 700 and 701, is hereby repealed.
Sec. 2. All moneys appropriated by the provisions of section 1 of the above-entitled act shall revert immediately to the general fund in the state treasury.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 93Messrs. Knisley, Bastian, Humphrey (Washoe), Bailey and Parks
CHAPTER 21
AN ACT to authorize and direct the state controller to transfer certain funds from the crippled childrens services fund to the preventive medical services fund.
[Approved February 13, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state controller is hereby authorized and directed to transfer from the crippled childrens fund of the state department of health (fund code number 303-1 in the office of the state controller) to the preventive medical services fund of the state department of health (fund code number 308-1 in the officer of the state controller) the sum of $7,676.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 21κ
Assembly Bill No. 109Messrs. Crosby and Christensen (Washoe)
CHAPTER 22
AN ACT relating to the city of Sparks, Nevada; authorizing and providing for financing improvements, extensions and betterments to the municipal sewer system by bond issues; determining the conditions under which such bonds may be issued; providing for the payment thereof and interest thereon by the levy and collection of general taxes or by rates and charges in connection with the system, or by both; and prescribing other details in connection therewith.
[Approved February 13, 1960]
Whereas, Pursuant to chapter 231, Statutes of Nevada 1959, there was submitted at the municipal general election held in the city of Sparks, Washoe County, Nevada, on Tuesday, the 2nd day of June, 1959, to and approved by the qualified electors thereof a question to authorize the city of Sparks to issue its negotiable coupon bonds in the aggregate principal amount of not exceeding $275,000, or such lesser amount as may be necessary, for the purpose of defraying wholly or in part the cost of improving, extending and bettering the municipal sewer system to consist of a sewage collection system and a sewage disposal plant, the bonds to bear interest at a rate of not more than 5 percent per annum, and if such bonds are general obligation bonds to mature serially commencing not later than 3 years and ending not later than 30 years from their date, and if such bonds are revenue bonds to mature serially commencing not later than 3 years and ending not later than 40 years from their date; and
Whereas, More detailed plans and specifications and further engineering indicate that the amount authorized for the designated purpose is insufficient therefor, and an additional amount should be authorized therefor; and
Whereas, The additional amount needed is not so great as to justify a resubmission of a question of issuing bonds to the qualified electors of the city of Sparks, the cost and expense of another election thereon, and the additional delay inherent therein; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The city council of the city of Sparks, in the county of Washoe and State of Nevada, in addition to the powers elsewhere conferred upon such city council, is hereby authorized and empowered to improve, extend and better the municipal sewer system to consist of a sewage collection system and a sewage disposal plant, and to defray wholly or in part the cost thereof by the issuance of the citys negotiable coupon bonds in the aggregate principal amount of not exceeding $350,000, or such lesser amount as may be necessary, which bonds may consist of one or more of the following types of municipal obligations:
(a) General obligation bonds;
(b) General obligation bonds, the payment of which is additionally secured by a pledge of all or a part of the revenues derived from the operation of the municipal sewer system, and, if so determined by the city council of the city of Sparks, further secured by a pledge of such other funds as may be legally made available for their payment; and
κ1960 Statutes of Nevada, Page 22 (CHAPTER 22, AB 109)κ
city council of the city of Sparks, further secured by a pledge of such other funds as may be legally made available for their payment; and
(c) Revenue bonds payable solely from the revenues to be derived from the operation of the municipal sewer system.
Sec. 2. Each series of bonds shall be authorized by ordinance. The bonds shall be of convenient denominations, shall be negotiable in form, but may provide for their registration for payment either as to principal alone, or as to both principal and interest, shall be issued in one or more series, shall mature serially in regular numerical order at annual or other designated intervals, and in substantially equal amounts of principal, or in substantially equal amounts of principal and interest, insofar as practicable, but the first or last installment of principal, or both, may be for greater or lesser amounts than required by either of the aforesaid limitations, or at the option of the city council, without limitation as to the manner they mature, commencing not later than 3 years from the date of the bonds, and shall bear interest at a rate or rates of not more than 5 percent per annum, the interest on each bond to be payable annually or semiannually, except that the first coupon on any bond may represent interest for any period not in excess of 1 year. The bonds shall be made payable in lawful money of the United States of America, at such place or places within or without the State of Nevada as may be provided by the city council; and the ordinance authorizing the issuance of any series may provide for the redemption of any or all of the bonds prior to maturity, upon such terms, in such order, and upon the payment of such premium, if any, as the city council may determine and state therein. The bonds, unless they be registered for payment as to principal and interest, shall have interest coupons attached in such manner that they can be removed upon the payment of the installments of interest without injury to the bonds. Each coupon shall be consecutively numbered and shall bear the number of the bond to which it is attached. The bonds and coupons shall be signed by the mayor of the city, and countersigned by the city treasurer; and the bonds shall also be signed and attested by the city clerk with the official seal of the city affixed thereto. Facsimile signatures of the mayor and city treasurer may be used on the coupons. The bonds shall otherwise be in such form and shall be printed at such place, within or without the State of Nevada, as may be determined by the ordinance, subject, however, to the following limitations and restrictions:
(a) General obligation bonds, regardless of whether they be additionally secured by any pledge of revenues, shall mature in not to exceed 30 years from the date thereof;
(b) Revenue bonds shall mature in not to exceed 40 years from the date thereof;
(c) The total amount of bonds of all types issued pursuant to the provisions of this act shall not exceed $350,000 but nothing in this act contained shall be construed as prohibiting the issuance of bonds in a lesser amount or amounts for the purposes herein authorized; and
κ1960 Statutes of Nevada, Page 23 (CHAPTER 22, AB 109)κ
(d) The bonds proposed to be issued pursuant to the provisions of this act may be delivered at one time or from time to time, provided that no such bonds shall be delivered after the expiration of 3 years from the effective date of this act.
Sec. 3. The city council is hereby authorized to sell such bonds at one time, or from time to time, as the city council may determine, at public sale in accordance with NRS 350.120 to 350.160, both inclusive, or at private sale, and for not less than the principal amount thereof and accrued interest to the date of delivery. No discount or commission shall be allowed or paid on or for any such sale to any purchaser or bidder, directly or indirectly, provided, that the board may employ legal, fiscal, engineering and other expert services in connection with the improvement, extension and betterment of the sewer system and in connection with the authorization, issuance and sale of the bonds.
Sec. 4. The general obligation bonds authorized to be issued under the provisions of this act shall be payable from general (ad valorem) taxes levied against all the taxable property in the city, including the net proceeds of mines. Insofar as legally possible, within the limitations of section 2 of article 10 of the constitution of the State of Nevada, the bonds shall be payable both as to principal and interest from taxes, fully sufficient for that purpose, to be levied on all such taxable property within the boundaries of the city, and without regard to any statutory or charter limitations now or hereafter existing. It shall be the duty of the city council, and of any other body as may be charged with the duty of levying taxes therein, annually in due season to provide for the levy of taxes fully sufficient, after making due allowances of probable delinquencies, to assure the prompt payment of all such principal and interest as the same becomes due. In any year in which the total taxes levied against the property in the city by all overlapping units therein may exceed the limitation of 5 cents on the dollar imposed by section 2 of article 10 of the constitution of the State of Nevada, and it shall become necessary by reason thereof to reduce the levies made by any or all such units, the reduction so made shall be in taxes levied by such unit or units for purposes other than the payment of their bonded indebtedness, and the taxes levied for the payment of such bonded indebtedness shall always enjoy a priority over taxes levied by each such unit for all other purposes where reduction is necessary in order to comply with the limitations of section 2 of article 10.
Sec. 5. The general obligation bonds authorized to be issued pursuant to the provisions of this act may be additionally secured by a pledge of all or a part of the revenues derived from the operation of the municipal sewer system, and, upon a determination by the city council of the city of Sparks that further security is required in order to render the bonds marketable, the bonds may be further secured by a pledge of such other funds or revenues of the city as may legally be made available for the payment of such general obligation bonds.
Sec. 6. The revenue bonds authorized to be issued pursuant to the provisions of this act shall be payable solely from the net revenues to be derived from the operation of the municipal sewer system, and shall be secured by a pledge of all or a specified part of the net revenues.
κ1960 Statutes of Nevada, Page 24 (CHAPTER 22, AB 109)κ
to be derived from the operation of the municipal sewer system, and shall be secured by a pledge of all or a specified part of the net revenues. Each such revenue bond shall recite in substance that the principal thereof, including the interest thereon, is payable from the revenues pledged to the payment thereof and does not constitute a debt of the city of Sparks within the meaning of any constitutional, statutory or charter limitations.
Sec. 7. In order to insure the payment of the revenue bonds of the city of Sparks or of the general obligation bonds of the city of Sparks, the payment of which is additionally secured by a pledge of the revenues of the municipal sewer system, the city council of the city of Sparks shall establish and maintain, and from time to time may revise, a schedule or schedules of fees, rates and charges for services rendered by or through the municipal sewer system, both within and without the corporate limits of the city of Sparks, in an amount sufficient for that purpose and also sufficient to discharge any covenant in the proceedings of the city council of the city of Sparks authorizing the issuance of any bonds, including any covenant for the establishment of reasonable reserve funds.
Sec. 8. The ordinance or ordinances providing for the issuance of such bonds may state that the bonds may contain a recital that they are issued pursuant to this act, which recital shall be conclusive evidence of their validity and the regularity of their issuance. Such ordinance or ordinances may also contain such other covenants and provisions for the protection of the bondholders as are deemed proper and appropriate by the city council, including but not necessarily limited to any of the covenants set forth in NRS 350.420.
Sec. 9. This act, without reference to other statutes of the state, shall constitute full authority for the authorization and issuance of bonds hereunder, except as herein otherwise specifically provided. No other act or law with regard to the authorization or issuance of bonds that in any way impedes or restricts the carrying out of the acts herein authorized to be done shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto. The powers conferred by this act shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this act shall not affect the powers conferred by any other law. No part of this act shall repeal or affect any other law or part thereof, except for the repeal of chapter 231, Statutes of Nevada 1959, which is superseded hereby, it being intended that this act shall provide a separate method of accomplishing its objectives, and not an exclusive one.
Sec. 10. Bonds issued under the provisions of this act, their transfer, and the income therefrom, shall forever be and remain free and exempt from taxation by the State of Nevada or any subdivision thereof.
Sec. 11. It shall be legal for the State of Nevada and any of its agencies, departments or political subdivisions, or any political or public corporation, or any instrumentality of the State of Nevada, to invest funds or moneys in their custody in any of the bonds authorized to be issued pursuant to the provisions of this act.
κ1960 Statutes of Nevada, Page 25 (CHAPTER 22, AB 109)κ
Sec. 12. This act being necessary to secure and preserve the public health, safety, convenience and welfare of the people of the State of Nevada, it shall be liberally construed to effect its purpose.
Sec. 13. If any section, paragraph, clause or provision of this act shall for any reason be held to be invalid or unenforcible, the invalidity or unenforcibility of such section, paragraph, clause or provisions shall not affect any of the remaining provisions of this act.
Sec. 14. This act shall become effective upon passage and approval.
________
Assembly Bill No. 1Mr. Evans
CHAPTER 23
AN ACT relating to meetings of state and local agencies, meetings of boards of county commissioners, city councils of incorporated cities, boards of trustees of school districts and meetings of the board of regents of the University of Nevada; declaring the public policy on the subject; requiring that all such meetings shall be open and public; providing for executive sessions; providing penalties; to amend Title 19 of NRS, relating to miscellaneous matters related to government and public affairs, by creating a new chapter relating to meetings of state and local agencies; to amend NRS section 244.080, relating to meetings of boards of county commissioners; to amend chapter 268 of NRS, relating to powers and duties common to cities and towns incorporated under general or special laws, by creating a new provision relating to meetings of city councils; to amend chapter 386 of NRS, relating to local administrative organization of the public schools, by creating a new provision relating to meetings of boards of trustees of school districts; to amend NRS section 396.100, relating to meetings and records of the board of regents of the University of Nevada; and by providing other matters properly relating thereto.
[Approved February 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 19 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth in sections 2 to 5, inclusive, of this act.
Sec. 2. In enacting this chapter, the legislature finds and declares that all public agencies, commissions, bureaus, departments, public corporations, municipal corporations and quasi-municipal corporations and political subdivisions exist to aid in the conduct of the peoples business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly.
Sec. 3. Except as otherwise provided in section 4, all meetings of public agencies, commissions, bureaus, departments, public corporations, municipal corporations and quasi-municipal corporations and political subdivisions shall be open and public, and all persons shall be permitted to attend any meeting of these bodies.
Sec. 4. Nothing contained in this chapter shall be construed to prevent the legislative body of a public agency, commission, bureau, department, public corporation, municipal corporation, quasi-municipal corporation or political subdivision from holding executive sessions to consider the appointment, employment or dismissal of a public officer or employee or to hear complaints or charges brought against such officer or employee by another public officer, person or employee unless such officer or employee requests a public hearing.
κ1960 Statutes of Nevada, Page 26 (CHAPTER 23, AB 1)κ
or employee or to hear complaints or charges brought against such officer or employee by another public officer, person or employee unless such officer or employee requests a public hearing. The legislative body also may exclude from any such public or private meeting, during the examination of a witness, any or all other witnesses in the matter being investigated by the legislative body.
Sec. 5. A violation of any of the provisions of this chapter or the wrongful exclusion of any person or persons from any meeting for which provision is made in this chapter is a misdemeanor.
Sec. 6. NRS 244.080 is hereby amended to read as follows:
244.080 1. In enacting this section, the legislature finds and declares that the boards of county commissioners exist to aid in the conduct of the peoples business. It is the intent of this section that their actions be taken openly and that their deliberations be conducted openly.
2. [All] Except as otherwise provided in subsection 3, all sessions of the board shall be open and public [.] , and all persons shall be permitted to attend any meeting of the board.
3. Nothing contained in this section shall be construed to prevent the board of county commissioners from holding executive sessions to consider the appointment, employment or dismissal of a public officer or employee or to hear complaints or charges brought against such officer or employee by another public officer, person or employee unless such officer or employee requests a public hearing. A board of county commissioners also may exclude from any such public or private meeting, during the examination of a witness, any or all other witnesses in the matter being investigated by the board of county commissioners.
4. A violation of any of the provisions of this section or the wrongful exclusion of any person or persons from any meeting for which provision is made in this section is a misdemeanor.
Sec. 7. Chapter 268 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. In enacting this section, the legislature finds and declares that the city councils or other governing bodies of incorporated cities in this state, whether incorporated under the provisions of chapters 266 or 267 of NRS or under the provisions of a special act, exist to aid in the conduct of the peoples business. It is the intent of this section that their actions be taken openly and that their deliberations be conducted openly.
2. Except as otherwise provided in subsection 3, all meetings of city councils or other governing bodies of incorporated cities in this state shall be open and public, and all persons shall be permitted to attend any meeting of the city council or other governing body.
3. Nothing contained in this section shall be construed to prevent the city council or other governing body from holding executive sessions to consider the appointment, employment or dismissal of a public officer or employee or to hear complaints or charges brought against such officer or employee by another public officer, person or employee unless such officer or employee requests a public hearing. A city council or other governing body also may exclude from any such public or private meeting, during the examination of a witness, any or all other witnesses in the matter being investigated by the city council or other governing body.
κ1960 Statutes of Nevada, Page 27 (CHAPTER 23, AB 1)κ
private meeting, during the examination of a witness, any or all other witnesses in the matter being investigated by the city council or other governing body.
4. A violation of any of the provisions of this section or the wrongful exclusion of any person or persons from any meeting for which provision is made in this section is a misdemeanor.
Sec. 8. Chapter 386 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. In enacting this section, the legislature finds and declares that the boards of trustees of school districts exist to aid in the conduct of the peoples business. It is the intent of this section that their actions be taken openly and that their deliberations be conducted openly.
2. Except as otherwise provided in subsection 3, all meetings of the board of trustees shall be open and public, and all persons shall be permitted to attend any meeting of the board.
3. Nothing contained in this section shall be construed to prevent the board of trustees of a school district from holding executive sessions to consider the appointment, employment or dismissal of a public officer or employee or to hear complaints or charges brought against such officer or employee by another public officer, person or employee unless such officer or employee requests a public hearing. The board of trustees also may exclude from any such public or private meeting, during the examination of a witness, any or all other witnesses in the matter being investigated by the board of trustees.
4. A violation of any of the provisions of this section or the wrongful exclusion of any person or persons from any meeting for which provision is made in this section is a misdemeanor.
Sec. 9. NRS 396.100 is hereby amended to read as follows:
396.100 1. In enacting this section, the legislature finds and declares that the board of regents exists to aid in the conduct of the peoples business. It is the intent of this section that the boards actions be taken openly and that its deliberations be conducted openly.
2. The board shall hold four regular meetings in each year, and may hold special meetings at the call of the chairman of the board.
[2. All] 3. Except as otherwise provided in subsection 4, all regular and special meetings of the board of regents shall be open [to the] and public [.] , and all persons shall be permitted to attend any meeting of the board.
4. Nothing contained in this section shall be construed to prevent the board of regents from holding executive sessions to consider the appointment, employment or dismissal of a public officer or employee or to hear complaints or charges brought against such officer or employee by another public officer, person or employee unless such officer or employee requests a public hearing. The board of regents also may exclude from any such public or private meeting, during the examination of a witness, any or all other witnesses in the matter being investigated by the board of regents.
5. At all times, the records of all proceedings of the board shall be open to public inspection.
κ1960 Statutes of Nevada, Page 28 (CHAPTER 23, AB 1)κ
6. A violation of any of the provisions of this section or the wrongful exclusion of any person or persons from any meeting for which provision is made in this section is a misdemeanor.
________
Assembly Bill No. 69Mr. Swackhamer
CHAPTER 24
AN ACT to amend chapter 244 of NRS, relating to county government, by creating a new provision relating to the creation in each county treasury of a county hospital construction fund; limiting the existence and use of such fund and providing for its composition; authorizing the investment of moneys in the fund; and by providing other matters properly relating thereto.
[Approved February 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Notwithstanding the provisions of NRS 244.260 and 450.250, with the approval of the state board of finance, the board of county commissioners of any county may, by an order of such board, create in the county treasury a fund to be designated as the county hospital construction fund.
2. Moneys in the county hospital construction fund shall be used only for county participation in the construction of a hospital pursuant to the provisions of the Nevada Hospital Survey and Construction Act, being NRS 449.250 to 449.430, inclusive. As used in this subsection, construction and hospital have the same meanings ascribed to them in subsections 1 and 3 of NRS 449.260.
3. The county hospital construction fund may be composed of:
(a) All or a part of the moneys paid to the county under the provisions of paragraph (b) of subsection 2 of NRS 463.320.
(b) The proceeds of any annual special tax levied by the board of county commissioners for such fund.
4. Moneys deposited in a county hospital construction fund shall not revert to the county general fund at the end of any fiscal year, but no county hospital construction fund shall exist for a period longer than 10 years from the date of the order of its creation. Any moneys remaining in the county hospital construction fund at the end of the 10-year period shall revert to the county general fund.
5. Any moneys in the county hospital construction fund may, from time to time, be invested only in short-term United States Government bonds.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 29κ
Assembly Bill No. 66Mr. Bailey and Miss Frazier
CHAPTER 25
AN ACT to amend NRS sections 385.012, 391.230 and 391.250, relating to county auditors directories of teachers and to teachers certificates, oaths and reports, by making such sections applicable to joint school districts.
[Approved February 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 385.012 is hereby amended to read as follows:
385.012 The state department of education shall:
1. File with the county auditor of each county a directory of all teachers who shall be entitled to draw salaries from the state or from the county school district or joint school district funds, and shall advise the county auditor from time to time of any changes or additions to the directory. The county auditor shall not draw any warrant in favor of any teacher until he shall be informed officially by the state department of education that such teacher is legally entitled to receive a salary from the state or from county school district or joint school district funds.
2. File with the county auditor a directory of all qualified school trustees of each county [.] or joint school district.
Sec. 2. NRS 391.230 is hereby amended to read as follows:
391.230 1. Upon the opening of any public school in this state, every teacher therein shall file with the superintendent of the county or joint school district a Nevada teachers certificate entitling the holder to teach in the school in which he will be employed, together with the oath of office, and any other report that the superintendent of public instruction shall require.
2. The superintendent of the county or joint school district shall acknowledge the receipt of each teachers certificate, shall make a proper record of the same in his office, and shall forward the oath of office to the state department of education. The teachers certificate shall remain on file and shall be safely kept in the office of the superintendent of the county or joint school district.
Sec. 3. NRS 391.250 is hereby amended to read as follows:
391.250 1. Each teacher shall make a final report in the manner and on the blank forms prescribed by the superintendent of public instruction. The final report shall include all required statistics and information for the entire school year, notwithstanding any previous report for a part of the year.
2. Upon receipt of the teachers final report, the superintendent of the county or joint school district shall, if he approves the report as correct, notify the clerk of the board of trustees of the school district from which the report comes that the teachers final report as required by law has been received. Only then shall the clerk of the board of trustees draw the boards order in payment for the teachers last months salary.
κ1960 Statutes of Nevada, Page 30 (CHAPTER 25, AB 66)κ
last months salary. Any order of a board of trustees drawn in violation of the provisions of this section shall be illegal.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 65Mr. Bailey and Miss Frazier
CHAPTER 26
AN ACT to amend chapter 388 of NRS, relating to public instruction, by creating a new section authorizing the state board for vocational education to receive donations of money for vocational education; creating a fund; imposing limitations; and providing other matters properly relating thereto.
[Approved February 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 388 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The state board for vocational education may accept gifts of moneys from public and private sources, if the purpose of the gift specified by the donor is approved by the board and is within the scope of the boards powers and duties, and such funds shall be deposited in a permanent fund in the state treasury designated as the vocational education gift fund.
2. The moneys available in the vocational education gift fund shall be used only for the purpose specified by the donor, within the limits of subsection 1, and any expenditures may include matching state and federal funds available for vocational education.
3. If all or part of the funds accepted by the board from a donor are not expended prior to the end of the fiscal year in which the gift was accepted, such remaining balance of the amount donated shall remain in the vocational education gift fund until needed for the purpose specified by the donor, within the limits of subsection 1.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 33Committee on Judiciary
CHAPTER 27
AN ACT to amend NRS section 251.040, relating to monthly reports of county auditors concerning school district funds, by providing that the reports be sent to the superintendent of public instruction rather than to deputy superintendents.
[Approved February 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 251.040 is hereby amended to read as follows:
251.040 1. In addition to the requirements of NRS 251.030, the county auditor shall notify the clerk of the board of trustees of the county school district or the joint school district, as the case may be, and send at the same time a duplicate of the report to the [deputy] superintendent of public instruction, [of the proper educational supervision district,] at the beginning of each month, showing the amount of funds left to the credit of the district at the beginning of the previous month, new funds credited during the previous month and the source thereof, the total of disbursements allowed by warrants during the previous month, and the balance to the credit of the district at the beginning of the month in which the report is rendered.
κ1960 Statutes of Nevada, Page 31 (CHAPTER 27, AB 33)κ
county school district or the joint school district, as the case may be, and send at the same time a duplicate of the report to the [deputy] superintendent of public instruction, [of the proper educational supervision district,] at the beginning of each month, showing the amount of funds left to the credit of the district at the beginning of the previous month, new funds credited during the previous month and the source thereof, the total of disbursements allowed by warrants during the previous month, and the balance to the credit of the district at the beginning of the month in which the report is rendered.
2. The report shall be in such form as the state board of education may prescribe.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 11Mr. Pozzi and Miss Frazier
CHAPTER 28
AN ACT to amend NRS section 391.180, relating to salaries and sick leaves of teachers, by increasing the period of sick leave for which school teachers may receive compensation; and by providing other matters properly relating thereto.
[Approved February 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 391.180 is hereby amended to read as follows:
391.180 1. As used in this section, teacher means a teacher, a principal or a superintendent of schools of a school district in this state.
2. A school month in any public school in this state shall consist of 4 weeks of 5 days each, and, except as otherwise provided, a teacher thereof shall be paid only for the time in which he is actually engaged in teaching or in other educational services rendered the school district.
3. Nothing contained in this section shall prohibit the payment of teachers compensation in 12 equal monthly payments for 9 or more months teaching.
4. The per diem deduction from the salary of a teacher because of absence from service for reasons other than those specified in this section shall be made on the basis of the monthly payment of such salary.
5. Boards of trustees may pay the salary of any teacher unavoidably absent because of personal illness or accident, or because of serious illness, accident or death in his family, but such salary shall not be paid for more than 15 school days in the aggregate in any 1 school year, or for more than [25] 30 school days in the aggregate for any 2 [consecutive] school years, or for more than [40] 45 school days in the aggregate for any 3 [consecutive] school years in the same school unless:
(a) Specifically authorized by the unanimous vote of the board of trustees upon the written request of the teacher for some special, substantial and convincing reason, and under such peculiar circumstances as to make such compensation fair and reasonable to all affected thereby and not detrimental to the school district; and
κ1960 Statutes of Nevada, Page 32 (CHAPTER 28, AB 11)κ
trustees upon the written request of the teacher for some special, substantial and convincing reason, and under such peculiar circumstances as to make such compensation fair and reasonable to all affected thereby and not detrimental to the school district; and
(b) Approved by the superintendent of public instruction.
6. When an intermission of less than 6 days is ordered by the board of trustees for any good reason, no deduction of salary shall be made therefor. When on account of sickness, epidemic or other emergency in the community, a longer intermission is ordered by the board of trustees or by a duly constituted board of health and such intermission or closing does not exceed 30 days at any one time, there shall be no deduction or discontinuance of salaries.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 36Committee on Agriculture and Irrigation
CHAPTER 29
AN ACT to amend chapter 561 of NRS, relating to the state board of stock commissioners, by creating the agriculture registration and enforcement fund; providing for the sources of such fund and the purposes for which such fund shall be used; to amend NRS sections 586.270, 588.220, 588.240 and 590.390, relating to the economic poison fund, the fertilizer control fund, the payment of penalties and the antifreeze fund, by abolishing such funds and providing for the depositing of moneys and fees in the agriculture registration and enforcement fund; by providing for the transfer of funds to the agriculture registration and enforcement fund; and providing other matters properly relating thereto.
[Approved February 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 561 of NRS is hereby amended by adding thereto a new section which shall read as follows:
All moneys received by the state department of agriculture pursuant to the provisions of chapter 588 of NRS and all fees collected pursuant to the provisions of NRS 586.270 and 590.340 to 590.450, inclusive, shall be deposited in the state treasury in a fund designated the agriculture registration and enforcement fund, which is hereby created, and shall be used for the purposes of:
1. Carrying out the provisions of NRS 586.010 to 586.450, inclusive.
2. Paying all proper expenses incurred by or under the direction of the state department of agriculture, its agents and employees, in carrying out the provisions of chapter 588 of NRS.
3. Carrying out the provisions of NRS 590.340 to 590.450, inclusive.
Sec. 2. NRS 586.270 is hereby amended to read as follows:
586.270 1. The registrant shall pay an annual fee of $10 for each economic poison registered up to 10 brands and $3 for each additional brand registered.
κ1960 Statutes of Nevada, Page 33 (CHAPTER 29, SB 36)κ
2. All such fees shall be deposited in the state treasury in [a special fund known as the economic poison fund to be used only for carrying out the provisions of NRS 586.010 to 586.450, inclusive.] the agriculture registration and enforcement fund, and shall be used as provided in section 1 of this act.
Sec. 3. NRS 588.220 is hereby amended to read as follows:
588.220 [1.] All moneys received by the state department of agriculture under the provisions of this chapter shall be forwarded to the state treasury and placed in [a fund hereby created, to be known as the fertilizer control fund.
2. Such moneys are hereby perpetually appropriated for the purpose of carrying out the provisions of this chapter, and particularly for the purpose of:
(a) Purchasing samples of fertilizers for testing and analysis.
(b) Making analyses or procuring analyses to be made.
(c) Printing of such forms, licenses and other records and supplies required for making this chapter effective.
(d) All other expenses properly incurred by or under the direction of the state department of agriculture, its agents and employees.
3. No obligation shall be incurred under this chapter in excess of the amount available or in the fertilizer control fund.] the agriculture registration and enforcement fund, and shall be used as provided in section 1 of this act.
Sec. 4. NRS 588.240 is hereby amended to read as follows:
588.240 1. If the analysis shall show that any commercial fertilizer or agricultural mineral falls short of the guaranteed analysis in any one ingredient, a penalty shall be assessed in accordance with the following provisions:
(a) Total nitrogen: A penalty of 3 times the value of the deficiency, if such deficiency is in excess of 0.20 of 1 percent on goods that are guaranteed 2 percent; 0.25 of 1 percent on goods that are guaranteed 3 percent; 0.35 of 1 percent on goods that are guaranteed 4 percent; 0.40 of 1 percent on good that are guaranteed 5 percent up to and including 8 percent; 0.50 of 1 percent on goods guaranteed above 8 percent up to and including 30 percent; and 0.75 of 1 percent on goods guaranteed over 30 percent.
(b) Available phosphoric acid: A penalty of 3 times the value of the deficiency, if such deficiency exceeds 0.40 of 1 percent on goods that are guaranteed up to and including 10 percent; 0.50 of 1 percent on goods that are guaranteed above 10 percent up to and including 25 percent; and 0.75 of 1 percent on goods guaranteed over 25 percent.
(c) Soluble potash: A penalty of 3 times the value of the deficiency, if such deficiency is in excess of 0.20 of 1 percent on goods that are guaranteed 2 percent; 0.30 of 1 percent on goods that are guaranteed 3 percent; 0.40 of 1 percent on goods that are guaranteed 4 percent; 0.50 of 1 percent on goods guaranteed above 4 percent up to and including 8 percent; 0.60 of 1 percent on goods guaranteed above 8 percent up to and including 20 percent; and 1 percent on goods guaranteed over 20 percent.
κ1960 Statutes of Nevada, Page 34 (CHAPTER 29, SB 36)κ
percent up to and including 20 percent; and 1 percent on goods guaranteed over 20 percent.
(d) Deficiencies in any other constituent or constituents covered under NRS 588.190 which the registrant is required to or may guarantee shall be evaluated by the director and penalties therefor shall be prescribed by him.
2. Nothing contained in this section shall prevent any person from appealing to a court of competent jurisdiction praying for judgment as to the justification of such penalties.
3. All penalties assessed under this section shall be paid to the consumer of the lot of commercial fertilizer or agriculture mineral represented by the sample analyzed within 3 months after the date of notice from the director to the registrant, and a receipt taken therefor and promptly forwarded to the director. If the consumer cannot be found, the amount of the penalty shall be paid to the state department of agriculture who shall deposit the same with the state treasurer for credit to the [fertilizer control fund.] agriculture registration and enforcement fund.
Sec. 5. NRS 590.390 is hereby amended to read as follows:
590.390 1. All fees provided for in NRS 590.340 to 590.450, inclusive, shall be collected by the state sealer of weights and measures and remitted monthly to the state treasury.
2. All such fees received by the state treasurer shall be deposited in [a special revolving fund designated the antifreeze fund, which is hereby created, and shall be used for the enforcement of the provisions of NRS 590.340 to 590.450, inclusive. Bills and expenses incurred in the enforcement of NRS 590.340 to 590.450, inclusive, shall be paid out on claims as other claims against the state are paid.
3. All amounts in excess of $2,000 remaining in the antifreeze fund at the end of each biennium shall revert to the general fund.] the agriculture registration and enforcement fund, and shall be used as provided in section 1 of this act.
Sec. 6. All moneys in the state treasury deposited in the economic poison fund, the fertilizer control fund and the antifreeze fund shall be deposited in the agriculture registration and enforcement fund on July 1, 1960.
________
Senate Bill No. 15Senator Dial
CHAPTER 30
AN ACT providing an additional and supplemental appropriation for the payment of fire insurance premiums on state-owned property.
[Approved February 17, 1960]
Whereas, By the provisions of section 46 of chapter 433, Statutes of Nevada 1959, there was appropriated the sum of $35,000 for the payment of fire insurance premiums on state-owned property for the fiscal year beginning July 1, 1959, and ending June 30, 1960; and
κ1960 Statutes of Nevada, Page 35 (CHAPTER 30, SB 15)κ
Whereas, Because of an increase in fire insurance rates and accelerated construction of state buildings, the amount heretofore appropriated will be insufficient to pay necessary fire insurance premiums to June 30, 1960; now, therefore;
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the fiscal year ending June 30, 1960, there is hereby appropriated from the general fund in the state treasury the sum of $6,500 for payment of fire insurance premiums as an additional and supplemental appropriation to that allowed and made by section 46 of chapter 433, Statutes of Nevada 1959.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 50Miss Herr
CHAPTER 31
AN ACT to amend chapter 244 of NRS, relating to county government, by creating new provisions permitting the board of county commissioners of any county to establish by ordinance juvenile forestry camps; and providing other matters properly relating thereto.
[Approved February 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. The board of county commissioners of any county may establish by ordinance juvenile forestry camps to which children may be committed by the juvenile court of the county as provided in NRS 62.200.
Sec. 3. The ordinance creating a juvenile forestry camp shall include, but shall not be limited to, provisions for:
1. An advisory council of 15 members, one of whom shall be a judge of the juvenile court for the county, one the county sheriff and one the chief of police of the largest incorporated city, if any, in the county.
2. The powers and duties of the advisory council;
3. The appointment of a director of the juvenile forestry camp;
4. The powers, duties and compensation of the director;
5. The employment of other necessary personnel;
6. The adoption of minimum standards of operation; and
7. Programs of education and training of committed juveniles.
Sec. 4. Children committed to juvenile forestry camps may be required to labor on the buildings and grounds thereof, or to perform any other work or engage in any studies or activities prescribed by the board of county commissioners or the juvenile court of the county.
Sec. 5. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 36κ
Assembly Bill No. 42Committee on Agriculture and Irrigation
CHAPTER 32
AN ACT to amend chapter 581 of NRS, relating to weights and measures, by creating new provisions authorizing special test fees; by requiring the registration of repairmen and notification of repairs; by providing penalties; and by providing other matters properly relating thereto; to amend NRS section 581.050, relating to powers and duties of the state sealer of weights and measures, by authorizing the promulgation of rules for approval of weighing and measuring devices; to amend NRS section 581.320, relating to milk and cream containers, by establishing the sizes of such containers.
[Approved February 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 581 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. The state sealer of weights and measures may establish a schedule of fees for any special tests of weighing and measuring devices determined by him to be necessary.
Sec. 3. 1. No person may, for hire, make any repair or adjustment to a weighing or measuring instrument without first having registered with the state sealer of weights and measures his name and address, and the name and address of his employer, if any.
2. No person may make any repair or adjustment to a commercially used weighing or measuring device, or sell or install any weighing or measuring device, without notifying the state sealer of weights and measures in writing within 48 hours of such repair, adjustment, sale or installation.
3. Any violation of this section shall be punished as provided in NRS 581.450.
Sec. 4. 1. No person may sell or use for commercial purposes any weight or measure, or any weighing, measuring or counting instrument or device of any type or design which has not first been approved by the state sealer of weights and measures as being in compliance with the tolerances, specifications and requirements of this chapter.
2. Any violation of this section shall be punished as provided in NRS 581.450.
Sec. 5. NRS 581.050 is hereby amended to read as follows:
581.050 The state sealer of weights and measures is authorized:
1. To promulgate rules and regulations for the efficient enforcement of this chapter.
2. To make such rules and regulations comply, insofar as practicable, with specifications, tolerances and regulations recommended by the National Bureau of Standards.
3. To promulgate rules and regulations for the submission for approval of types and designs of weights and measures and weighing, measuring and counting instruments intended for commercial use.
Sec. 6. NRS 581.320 is hereby amended to read as follows:
581.320 1. [Bottles] Containers used for the sale of milk or cream shall be of the capacity of 1 gallon, one-half gallon, 1 quart, 1 pint, 10 fluid ounces, or one-half pint [and 1 gill.
κ1960 Statutes of Nevada, Page 37 (CHAPTER 32, AB 42)κ
shall be of the capacity of 1 gallon, one-half gallon, 1 quart, 1 pint, 10 fluid ounces, or one-half pint [and 1 gill. Bottles]. Containers used for the sale of milk or cream shall [have clearly blown or otherwise permanently marked in the side of the bottle the capacity of the bottle, and in the side or bottom of the bottle the name, initials or trade-mark of the manufacturer.] be marked upon the side of each container with its capacity. The name, initial or trade-mark of the manufacturer shall be marked upon the side or bottom.
2. Certain [bottle] container sizes not specified in subsection 1 may, with the written approval of the state sealer of weights and measures, be used by restaurants for service of milk with meals.
________
Senate Bill No. 4Senators Slattery and Lemaire
CHAPTER 33
AN ACT to amend NRS section 494.045, relating to annual allocations from state airport fund to civil air patrol, Nevada tax commission and counties, by increasing allocation to civil air patrol from $6,000 to $12,000.
[Approved February 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 494.045 is hereby amended to read as follows:
494.045 At the close of each fiscal year, the Nevada tax commission, the state treasurer and the state controller shall:
1. Allocate to Nevada Wing 96 of the Civil Air Patrol from the state airport fund, for the ensuing fiscal year, a sum not to exceed [$6,000] $12,000 or the total amount in such fund, whichever is lesser. The amount so allocated shall be in addition to and separate from any legislative appropriations authorized by law to Nevada Wing 96 of the Civil Air Patrol and shall be paid, upon a claim certified by the wing commander and the wing executive officer, and approved by the Nevada tax commission and the state board of examiners, in the same manner as other claims against the state are paid. Moneys so allocated shall be used by Nevada Wing 96 of the Civil Air Patrol in carrying out its crash, rescue and emergency operations, and organization and training therefor, and in defraying the cost of purchase, repair and maintenance of emergency and training equipment.
2. Allocate to the Nevada tax commission a sum not to exceed 5 percent of the remaining balance in such fund to defray the costs of administration incurred by it in connection herewith.
3. Remit to the county treasurers of the respective counties such portion of the remaining balance in such fund as is proportional to the unrefunded excise taxes remitted by dealers or users in such county.
________
κ1960 Statutes of Nevada, Page 38κ
Assembly Bill No. 83Washoe County Delegation
CHAPTER 34
AN ACT to amend NRS section 244.675, relating to the annual financial audit of county fair and recreation boards, by changing the time of such audit to conform to the fiscal year; and by providing other matters properly relating thereto.
[Approved February 19, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.675 is hereby amended to read as follows:
244.675 The board shall cause an audit to be made of all financial affairs of the board during each year ending [November 30,] June 30, which audit shall be made during [the last month of each calendar year.] the months of July and August of each year. A financial statement shall be certified by the person making the audit, and it shall be published in a newspaper of general circulation in the county in one issue during the first week of [January] September following the audit. The audit shall be made by a public accountant or a certified public accountant who is not otherwise employed by the board.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 37Committee on Education and State University
CHAPTER 35
AN ACT to amend chapter 396 of NRS, relating to the University of Nevada, by creating a new provision permitting the board of regents of the university to authorize the use of a mechanically produced facsimile signature by the comptroller of the university; and by providing other matters properly relating thereto.
[Approved February 19, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 396 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The board of regents of the University of Nevada may authorize the comptroller of the university to use a facsimile signature produced through a mechanical device in place of his handwritten signature whenever the necessity may arise, subject to the following conditions:
1. That the mechanical device shall be of such nature that the facsimile signature may be removed from the mechanical device and kept in a separate secure place.
2. That use of the facsimile signature shall be made only under the direction and supervision of the comptroller.
3. That all of the mechanical device shall at all times be kept in a vault, securely locked, when not in use, to prevent any misuse of the device.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 39κ
Senate Bill No. 42Senator Gallagher
CHAPTER 36
AN ACT to amend NRS 19.280, relating to the fees of the clerk of White Pine County, by increasing a filing fee; by requiring a portion of such fee to be paid into the county law library fund; by providing for transfer of any moneys in excess of $2,500 in such fund to the general fund of the county; and by providing other matters properly relating thereto.
[Approved February 19, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 19.280 is hereby amended to read as follows:
19.280 1. The county clerk of White Pine County and ex officio clerk of the Seventh Judicial District Court of the State of Nevada, shall charge and collect fees as follows:
For all services performed by him in any action or proceeding, except a probate or guardianship proceeding, to and including the making up of the judgment roll, to be collected in advance from the party commencing the action or proceeding......................................................... [$15.00] $17.00
In cases where an injunction or an attachment or a receiver is asked for, an additional advance fee of $5 shall be charged and collected.
For filing cross-complaint, counterclaim, or a complaint in intervention.. 5.00
For entering judgment by confession............................................................. ............................................................................................................... 10.00
On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them................................................................................. ............................................................................................................... 10.00
For every additional defendant, appearing separately.................... 5.00
For services performed in an action appealed from a justices court......... 6.00
For filing and indexing papers on transfer of a cause from the district court of another county........................................................................................ 5.00
For transmission of files and papers on the granting of change of venue to the district court of another county or to the United States court, exclusive of express charge or postage................................................... 5.00
For issuing a commission to take testimony.................................................. 1.00
For filing notice and undertaking and all services, including indexing, on appeal to the supreme court...................................................................... 5.00
For all services after judgment roll is made up, pending appeal to the supreme court (not including the making of copies), to be paid by the party moving for a new trial or to set aside judgment........................... 5.00
For services performed in proceedings to perpetuate testimony............... 2.00
κ1960 Statutes of Nevada, Page 40 (CHAPTER 36, SB 42)κ
For certificates of dismissal of appeal:
When prepared by the clerk................................................................ .................................................................................................. $5.00
When prepared and furnished by the attorney................................ 2.50
For filing remittitur from the supreme court................................................... 1.00
For recording judgment entered thereon, per folio.......................... .20
For issuing execution or order of sale............................................................. 1.00
For return on same................................................................................ .50
For filing any papers in any cause after judgment, not otherwise provided for................................................................................................................... .50
For issuing transcript of judgment and certifying thereto........................... 2.50
For taking and certifying depositions:
For each folio......................................................................................... .20
For each days attendance.................................................................. 4.00
For all services rendered in any proceeding had pursuant to NRS 146.070 where the estate exceeds $400 in value.................................................... 5.00
For services in probate proceedings wherein a summary administration shall be ordered..................................................................................................... ............................................................................................................... 15.00
For services in probate and guardianship proceedings:
In which the value of the estate exceeds $3,000 and does not exceed $10,000.............................................................................................. .................................................................................................. 25.00
In which the value of the estate exceeds $10,000............................. .................................................................................................. 40.00
The valuation herein mentioned shall be ascertained from the inventory filed.
For filing an inventory and appraisement of an estate................................. ............................................................................................................... 10.00
For filing objections or cross-petitions to the appointment of an executor, administrator or guardian, or objections to the settlement of accounts or any other proceedings in an estate or guardianship matter, to be paid by the moving or objecting party................................................................... 5.00
For any copy of any record, proceeding or paper on file in the office of the clerk relating to any civil action or proceeding theretofore tried or pending in the court:
When such copy is made by him, per folio....................................... .20
When such copy is not made by him, per folio................................ .10
For each certificate thereto.................................................................. .50
2. For services rendered by the clerk, not in connection with civil actions or proceedings in the court, he shall be entitled to charge and collect the following fees:
For issuing marriage licenses ($1 to be retained by him and $1 to be paid to the county recorder)................................................................................... ............................................................................................................... $2.00
For filing, indexing and registering certificates of copartnership............... 2.50
For filing and indexing articles of incorporation........................................... 2.50
For filing and indexing all papers to be kept by him, other than papers filed in actions and proceedings in court and official bonds and certificates of appointment, each.................................................................................. 1.00
κ1960 Statutes of Nevada, Page 41 (CHAPTER 36, SB 42)κ
3. Out of each fee collected on the commencement of any action or proceeding in the district court, except probate and guardianship proceedings, or on an appeal thereto, or on the transfer of any case from the justices court or a municipal court, the clerk shall set aside the sum of $5 to be paid into a fund in the county treasury of White Pine County for the benefit of the White Pine County law library. If at any time such fund exceeds the sum of $2,500, the board of county commissioners shall transfer such excess into the general fund of the county.
4. For all services not enumerated in this section, the clerk may charge and collect such fees as are now or may hereafter be fixed by law.
[4.] 5. No fee shall be allowed to or charged by the clerk for any services rendered in any criminal case.
[5.] 6. The foregoing fees shall be collected in addition to the fees provided for and known as court fees in NRS 19.020, and paid into the office of the county treasurer on or before the 5th day of the month next succeeding the month in which such fees are collected.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 55Committee on Taxation
CHAPTER 37
AN ACT to provide an additional and supplemental appropriation for the support of the legislative commission in carrying out the provisions of chapter 60, Statutes of Nevada 1959, relating to a study of the fiscal affairs of the state and local governmental subdivisions.
[Approved February 19, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the purpose of providing additional support of the legislative commission in carrying out the provisions of Chapter 60, Statutes of Nevada 1959, there is hereby appropriated from the general fund in the state treasury the sum of $20,000.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 57Committee on Judiciary
CHAPTER 38
AN ACT to amend NRS section 484.164, relating to a vehicle entering a yield intersection, by requiring a driver of such vehicle to reduce speed rather than slow down to 15 miles per hour or less.
[Approved February 19, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 484.164 is hereby amended to read as follows:
484.164 1. Every driver of a vehicle approaching a yield sign shall in obedience to such sign [slow down to a speed not greater than 15 miles per hour,] reduce speed, or [shall] stop if necessary, and shall yield the right of way to any pedestrian legally crossing the roadway on which he is driving, and to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard.
κ1960 Statutes of Nevada, Page 42 (CHAPTER 38, SB 57)κ
in obedience to such sign [slow down to a speed not greater than 15 miles per hour,] reduce speed, or [shall] stop if necessary, and shall yield the right of way to any pedestrian legally crossing the roadway on which he is driving, and to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard. The driver having so yielded may proceed, and the drivers of all other vehicles approaching the intersection shall yield to the vehicle so proceeding, but the driver required by a yield sign to yield who enters a yield intersection without stopping and by reason thereof has or causes a collision with a pedestrian in a crosswalk or a vehicle in the intersection shall prima facie be considered not to have yielded as required herein. The foregoing shall not relieve the drivers of other vehicles from the duty to drive with due care to avoid a collision.
2. Every driver of a vehicle approaching a yield sign if required for safety to stop shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 62Senator Gallagher
CHAPTER 39
AN ACT to amend NRS section 391.300, relating to causes for dismissal of school personnel, by allowing dismissed school teachers, principals and superintendents to hear and reply to charges against them for which they were dismissed; and providing other matters properly relating thereto.
[Approved February 19, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 391.300 is hereby amended to read as follows:
391.300 The willful neglect or failure on the part of any superintendent of schools, principal or teacher to observe and carry out the requirements of this Title of NRS shall be sufficient cause for the dismissal or removal of such person from his position. Every person so dismissed or removed may appear at the next succeeding meeting of the board of trustees of the school district in which he was employed and the reasons for his dismissal or removal shall be read to him, and he shall be given the opportunity to reply thereto.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 43κ
Senate Bill No. 72Senator Whitacre
CHAPTER 40
AN ACT to amend NRS section 19.210, relating to fees of the county clerk of Lyon County, by revising fees and the services for which they may be charged; and by providing other matters properly relating thereto.
[Approved February 19, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 19.210 is hereby amended to read as follows:
19.210 1. [The county clerk of Lyon County and ex officio clerk of the First Judicial District Court of the State of Nevada, in and for the County of Lyon, shall charge and collect fees as follows:
On the commencement of any action or proceeding in the district court (except a probate or guardianship proceeding), to be paid by the party commencing such action or proceeding................................................................................... $15.00
On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them........................................................................................................................ 7.50
For every additional defendant appearing separately..................... 5.00
For filing a complaint in intervention.............................................................. 5.00
The foregoing fees shall be paid in full for all services rendered by the clerk in the case, to and including the making up of the judgment roll.
For all services after judgment roll is made up, pending appeal to the supreme court (not including the making of copies), to be paid by the party moving for a new trial or to set aside judgment..................................................................... 2.50
For filing notice and undertaking and all services, including indexing, on appeal to the supreme court........................................................................................ 3.50
For entering judgment by confession............................................................. 3.00
For filing remittitur from supreme court.......................................................... 1.00
For recording judgment entered thereon, per folio................................ .20
For issuing execution or order of sale............................................................. 1.00
For copying decree and return, per folio........................................................ .20
For services performed in an action appealed from a justices court......... 15.00
For services performed in an action transferred from the district court of another county........................................................................................................... 15.00
For transmission of files and papers on the granting of change of venue to the district court of another county or to the United States court, exclusive of express charge or postage......................................................................... 2.50
For services performed in proceedings to perpetuate testimony............... 1.00
κ1960 Statutes of Nevada, Page 44 (CHAPTER 40, SB 72)κ
For certificates for dismissal of appeal:
When prepared by the clerk...................................................................... $2.50
When prepared and furnished by the attorney...................................... 1.00
For filing any paper in any case after judgment, not otherwise provided for ................................................................................................................... .25
For issuing transcript of judgment, per folio................................................. .20
For taking and certifying depositions:
For each folio............................................................................................... .20
For each days attendance......................................................................... 4.00
For all services rendered in any proceeding had pursuant to NRS 146.070 where the estate exceeds $400 in value...................................................................... 5.00
For services in probate proceedings wherein a summary administration shall be ordered.......................................................................................................... 15.00
For services in probate proceedings wherein a summary administration is not ordered.......................................................................................................... 25.00
For services in guardianship proceedings..................................................... 15.00
For filing a petition to contest or objections to the probate of any will or codicil, or filing objections or cross-petition to the appointment of an executor, administrator or guardian........................................................................... 10.00
2. The clerk shall also be entitled to charge and collect the following fees and compensation not otherwise provided for:
For any copy of any record, proceeding or paper on file in the office of the clerk, when such copy is made by him, per folio.............................................. $0.20
For each certificate of the clerk under the seal of the court........................ 1.00
For filing and indexing all papers to be kept by him, other than papers filed in actions and proceedings in court and official bonds and certificates of appointment................................................................................................. 1.00
3. For all services not enumerated in this section, such fees as are now or may hereafter be fixed by law.
4. The foregoing fees shall include the fees provided for and known as court fees in NRS 19.020.
5. No fees shall be allowed to or charged by the clerk for any services rendered in any criminal case.
6. The clerk shall, on or before the 5th day of each month, pay to the county treasurer the amount of all fees charged by the clerk during the preceding month.
7. On the commencement in or removal to the district court of the county of any civil action, proceeding or appeal, on filing the first paper therein the clerk of the court shall set aside from the costs received the sum of $4 in each such case for the law library fund of the county as the same is now constituted by law.] The county clerk of Lyon County shall charge and collect the following fees:
κ1960 Statutes of Nevada, Page 45 (CHAPTER 40, SB 72)κ
On the commencement of any action or proceeding in the district court, except probate proceedings, or on an appeal thereto, to be paid by the party commencing such action or proceeding, or taking such appeal, the fee to be in addition to the $3 and $15 fees provided by NRS 19.020 and 19.030 ........................................................................................................... $12.00
On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them............................................................................................................... 10.00
For every additional defendant, appearing separately............................. 5.00
On the filing of any paper in intervention.................................................... 5.00
On the filing of a petition for letters testamentary or of administration or guardianship to be paid by the petitioner, which fee shall include the court fee of $1.50 provided by NRS 19.020:
Where the stated value of the estate is $400 to $3,000, inclusive ................................................................................................. 15.00
Where the stated value of the estate is in excess of $3,000........... 25.00
Where the stated value of the estate is less than $400 no fee shall be charged.
On the filing of objection or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any other proceeding in an estate or guardianship matter, other than the filing of a petition to contest any will or codicil, to be paid by the moving party or party objecting............................................................................ 5.00
On filing a petition to contest any will or codicil, to be paid by the petitioner ............................................................................................................. 10.00
On filing of any notice of motion to move for a new trial in any civil action or proceeding, the party filing the same shall pay to the clerk in full for all services to be rendered in connection with the motion....................... 5.00
For issuing an execution or order of sale in any action............................ 1.00
For filing a notice of appeal and appeal bonds, each............................... 1.00
For services connected with transmission of files and papers to the district court of another county or to a United States court, exclusive of express charge or postage......................................................................................................... 2.50
For any copy of any record, proceeding or paper on file in the office of the clerk, when the copy is typed by him, per folio................................................ .20
When the copy is not made by him, but presented for comparison with the original on file in the office, per folio..................................................... .50
For each certificate of the clerk under the seal of the court..................... .50
κ1960 Statutes of Nevada, Page 46 (CHAPTER 40, SB 72)κ
For clerks certificate of certified copy, in addition to the fees required for typing or comparison............................................................................................. $1.00
For filing remittitur from the supreme court................................................ 1.00
For recording judgment entered thereon, per folio............................. .20
For issuing transcript of judgment and certifying thereto........................ 1.00
For filing and docketing abstract of judgment of a justices court.......... 1.00
For issuing execution thereon........................................................................ 1.00
For filing and indexing articles of incorporation...................................... 1.00
For each amendment, acceptance of appointment of resident agent, list of officers, dissolution or reinstatement...................................................... 1.00
For filing and recording a bond of a notary public................................... 1.00
For administering each oath, without a certificate, except in a pending action or proceeding................................................................................................... .50
For taking any affidavit, except in criminal cases...................................... .50
For taking acknowledgments......................................................................... 1.00
For registering and indexing a certificate of fictitious name or designation ................................................................................................................ 1.00
2. All fees prescribed in this section shall be payable in advance if demanded by the county clerk.
3. The fees set forth in subsection 1 shall be in full for all services rendered by the county clerk in the case for which such fees are paid, to and including the making up of the judgment roll, but such fees shall not include payment for typing, copying, certifying or exemplifying or authenticating copies.
4. The county clerk shall neither charge nor collect any fees for services rendered by him to the State of Nevada or Lyon County, or any city or town within Lyon County or any officer thereof in his official capacity. No fee shall be charged any attorney and counselor at law duly admitted to practice in the State of Nevada for searching records or files in the office of the clerk. No fee shall be charged for any services rendered to a defendant or his attorney in any criminal case or in habeas corpus proceedings.
5. The clerk shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 75Senator Settelmeyer
CHAPTER 41
AN ACT providing an appropriation for the relief of Hobart Leonard.
[Approved February 19, 1960]
Whereas, By the provisions of NRS 353.130 state warrants are void if not presented for payment within 90 days of issuance; and
Whereas, Warrants bearing the following numbers and dates and for the following itemized amounts were heretofore issued by the state controller and state treasurer payable to the order of Hobart Leonard and were not by him presented for payment within the time allowed by law:
κ1960 Statutes of Nevada, Page 47 (CHAPTER 41, SB 75)κ
for the following itemized amounts were heretofore issued by the state controller and state treasurer payable to the order of Hobart Leonard and were not by him presented for payment within the time allowed by law:
Warrant Number Date Amount
39678............................................. June 12, 1956.................................................. $16.45
19486............................................. December 6, 1957.......................................... 22.25
32490............................................. March 6, 1958................................................ 14.95
45058............................................. June 6, 1958.................................................... 14.95
57993............................................. August 26, 1958............................................ 4.95
______
$73.55
and
Whereas, Such amounts represented by such stale warrants constitute debts of the State of Nevada; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury the sum of $73.55 for the relief of Hobart Leonard. The state controller is hereby directed to draw his warrant for the sum of $73.55 payable to the order of Hobart Leonard, and the state treasurer is hereby directed to pay such warrant.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 92Committee on Finance
CHAPTER 42
AN ACT to repeal an act entitled An Act to appropriate $100,000 for the defense of a certain suit wherein Los Angeles & Salt Lake Railroad Company, Union Pacific Railroad Company and Oregon Short Line Railroad Company, corporations, are plaintiffs and the State of Nevada, the Nevada tax commission, the counties of Clark, Elko and Lincoln, and certain county officers are defendants; and for the defense of any other suit or suits of a similar nature hereafter commenced against the state, the Nevada tax commission or any county of this state, approved February 17, 1959; providing that any moneys remaining in the appropriation made by section 1 of such act shall revert to the general fund in the state treasury; and providing other matters properly relating thereto.
[Approved February 19, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 20, Statutes of Nevada 1959, at pages 18 and 19, is hereby repealed. All moneys remaining in the sum appropriated by section 1 of such act shall revert to the general fund in the state treasury on the effective date of this act.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 48κ
Assembly Bill No. 165Miss Frazier, Messrs. Christensen (Clark) and Knisley
CHAPTER 43
AN ACT providing an additional and supplemental appropriation for the support of the state welfare department for aid to dependent children for the fiscal year ending June 30, 1960.
[Approved February 24, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the fiscal year ending June 30, 1960, there is hereby appropriated from the general fund in the state treasury the sum of $10,000 for the support of the state welfare department for aid to dependent children as an additional and supplemental appropriation to that allowed and made by section 35 of chapter 433, Statutes of Nevada 1959.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 13Mr. Dyer
CHAPTER 44
AN ACT to amend NRS section 539.515, relating to expenditures by irrigation districts for recreational grounds, by increasing the amount that may be expended in 1 year from $1,000 to $5,000 in districts having reservoirs for the storage of water with a capacity of 250,000 acre-feet or more.
[Approved February 24, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 539.515 is hereby amended to read as follows:
539.515 [The] 1. Subject to the limitations contained in subsection 2, the board of directors is empowered to expend moneys from the general fund and operation and maintenance fund for the development, operation and maintenance of recreational grounds. [, but such expenditures shall not exceed the sum of $1,000 in any 1 year.]
2. In any irrigation district having a reservoir or reservoirs for the storage of water with a capacity of:
(a) Less than 250,000 acre-feet, the expenditures authorized by subsection 1 shall not exceed the sum of $1,000 in any 1 year.
(b) 250,000 acre-feet or more, the expenditures authorized by subsection 1 shall not exceed the sum of $5,000 in any 1 year.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 49κ
Assembly Bill No. 14Mr. Dyer
CHAPTER 45
AN ACT to amend NRS section 539.480, relating to limitations on the incurrence of indebtedness by irrigation districts, by increasing the amount of assessments which may be levied by the boards of directors of irrigation districts; and by providing other matters properly relating thereto.
[Approved February 24, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 539.480 is hereby amended to read as follows:
539.480 1. For the purpose of organization, or for any of the purposes of this chapter, the board of directors may, at any time with the approval of the irrigation district bond commission, incur an indebtedness not exceeding in the aggregate the sum of $30,000, nor in any event exceeding $1 per acre, and may cause warrants of the district to issue therefor, bearing interest at 6 percent per annum. The directors shall have the power to levy an assessment of not to exceed $1 per acre on all lands in the district for the payment of such expenses.
2. Thereafter the directors shall have the power to levy an assessment, annually, in the absence of assessments therefor under any of the other provisions of this chapter of not to exceed [20] 50 cents per acre on all lands in the district for the payment of the ordinary and current expenses of the district, including the salaries of officers and other incidental expenses. Such assessments shall be collected as provided in this chapter for the collection of other assessments.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 15Mr. Dyer
CHAPTER 46
AN ACT to amend NRS sections 539.237 and 539.240, relating to the authority of boards of directors of irrigation districts to generate, transmit and sell electric power and acquire electric power and transmission lines, by increasing the limits of the costs of such electric power and transmission lines which may be acquired without an election in irrigation districts having a reservoir or reservoirs for the storage of water with a capacity of 250,000 acre-feet or more.
[Approved February 24, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 539.237 is hereby amended to read as follows:
539.237 1. The board of directors shall have the right:
(a) To generate, produce, transmit and sell electric power or electrical energy in any form in furtherance of the purposes of this chapter.
(b) To acquire or contract for the delivery of electric power and electric power or transmission lines.
κ1960 Statutes of Nevada, Page 50 (CHAPTER 46, AB 15)κ
2. [The] In any irrigation district having a reservoir or reservoirs for the storage of water with a capacity of less than 250,000 acre-feet, the board shall not have the power to acquire or contract for the construction or acquisition of electric power or transmission lines at a cost exceeding the sum of $15,000 without first calling a special election thereon as provided in NRS 539.240.
3. In any irrigation district having a reservoir or reservoirs for the storage of water with a capacity of 250,000 acre-feet or more, the board shall not have the power to acquire or contract for the construction or acquisition of electric power or transmission lines at a cost exceeding the sum of $100,000 without first calling a special election thereon as provided in NRS 539.240.
Sec. 2. NRS 539.240 is hereby amended to read as follows:
539.240 1. [Any] In any irrigation district having a reservoir or reservoirs for the storage of water with a capacity of less than 250,000 acre-feet, any proposal to enter into a contract for the acquisition of electric power and transmission lines, or to lease the same or to construct the same where the cost thereof exceeds $15,000, shall be voted upon at an election wherein proceedings shall be had insofar as applicable in the manner provided in the case of the ordinary issuance of district bonds. In any irrigation district having a reservoir or reservoirs for the storage of water with a capacity of 250,000 acre-feet or more, any proposal to enter into a contract for the acquisition of electric power and transmission lines, or to lease the same or to construct the same where the cost thereof exceeds $100,000, shall be voted upon at an election wherein proceedings shall be had insofar as applicable in the manner provided in the case of the ordinary issuance of district bonds.
2. Notice of the election provided for in this section shall contain, in addition to the information required in the case of ordinary bond elections, a statement of the maximum cost of the same, exclusive of penalties and interest, together with a concise general statement and description of the proposed acquisition or construction.
3. The ballots of such election shall contain a brief statement of the general purpose for which the election is to be held, and the maximum amount of the obligation to be assumed, with the words .(Question)-Yes, and .(Question)-No, or (Question) and bonds-Yes, and .(Question) and bonds-No.
4. The board of directors may submit any such contract or proposed contract and bond issue, if any, to the district court of the county wherein is located the office of the board, to determine the validity thereof and the authority of the board to enter into such contract or acquisition, and the authority for and the validity of the issuance and deposit and transfer of the bonds; whereupon the same proceedings shall be had as in the ordinary case of the judicial determination of the validity of bonds, and with like effect.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 51κ
Assembly Bill No. 43Committee on Judiciary
CHAPTER 47
AN ACT to amend chapter 279 of NRS, relating to urban renewal and community redevelopment, by adding new sections establishing a special judicial proceeding to determine the validity of urban renewal plans and proposed bond issues in connection therewith; and providing other matters properly relating thereto.
[Approved February 24, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 279 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. 1. A municipality which proposes to issue and sell bonds to finance or refinance, in whole or in part, a renewal project under and pursuant to the provisions of this chapter may, at any time after the date of approval of such plan and after the adoption of a resolution authorizing the issuance of bonds, bring a special proceeding in the district court of the district in which the municipality is located to determine its authority to issue such bonds, the validity of such bonds, and the validity of such renewal plan.
2. The determination shall include but is not limited to:
(a) The legality and validity of all proceedings theretofore taken for or in any way connected with the establishment of the agency, its authority to transact business and exercise its powers, the designation of the renewal area and the adoption of the renewal plan.
(b) The legality and validity of all proceedings theretofore taken, and, as provided in such resolution, proposed to be taken, for the authorization, issuance, sale and delivery of such bonds and for the payment of the principal thereof and interest thereon.
Sec. 3. Such special proceeding shall be in rem, shall be entitled In the matter of the renewal plan for of the Renewal Agency and of bonds therefor and shall be commenced by the filing of a petition therefor. The petition shall briefly set forth by proper allegations, references or exhibits:
1. The establishment of the agency.
2. The principal steps taken leading to the adoption of the renewal plan.
3. The renewal plan.
4. The resolution authorizing the issuance of the bonds.
5. Other pertinent matters.
Sec. 4. 1. Such special proceeding shall be one in which the judgment shall be binding upon all persons interested in or affected by the renewal plan or the issuance of the bonds, including, without limiting the generality of the foregoing, the State of Nevada, all cities, counties, and districts, all property owners, taxpayers and residents thereof, all persons having any interest in property within the area affected by the renewal plan, all residents and taxpayers therein, and all other persons, individual or corporate wherever situated, having any interest in or affected in any manner by the renewal plan or the issuance of the bonds.
κ1960 Statutes of Nevada, Page 52 (CHAPTER 47, AB 43)κ
persons, individual or corporate wherever situated, having any interest in or affected in any manner by the renewal plan or the issuance of the bonds.
2. Jurisdiction may be had by publication of an order of the court in which the special proceeding is pending, naming the special proceeding, briefly stating the nature thereof, and requiring all such persons so interested or affected to appear at a time and place fixed in such order and show cause why the prayer of the petition should not be granted and the proceedings, plans and bonds declared valid as prayed therein. A copy of such order shall be published in a newspaper of general circulation in the county in which the action is pending and designated by the court. Jurisdiction is complete 10 days after the date of the last publication.
Sec. 5. Not less than 20 days before the date jurisdiction is complete, a copy of the order shall be mailed, postage prepaid, to each person to whom land within the project area affected by the renewal plan is assessed as shown on the last assessment roll, at his address as shown upon such roll.
Sec. 6. 1. Any person claiming to be interested in or affected by the renewal plan or the issuance of the bonds may appear in the special proceeding by filing an answer to or motion to dismiss the petition on or before the time fixed in the order. At the time and place fixed in the order, whether or not anyone other than petitioner has appeared in the proceeding, the court shall hear, consider and determine the matters raised by the petition.
2. Upon motion of the petitioner, or of any person who has appeared in the special proceedings, the court may enjoin the commencement of similar proceedings or actions or proceedings of any nature raising similar or related issues, and may also order any such action or proceeding theretofore commenced and undetermined to be consolidated for trial, hearing or other purposes, with the special proceedings brought under this chapter, and may make such other orders as may be necessary to avoid unnecessary costs or delays or multiplicity of suits. Such orders shall not be appealable.
Sec. 7. 1. The rules of pleading and practice in the Nevada Rules of Civil Procedure not inconsistent with the provisions of this act are applicable to all special proceedings provided for by this act. The trial of such special proceedings and the hearing and disposition of any motion for new trial and appeal from any judgment therein shall have precedence over all other civil actions or special proceedings and it shall be the duty of the courts to hear and determine the same at the earliest possible moment. In a special proceeding under this act the court shall disregard any error, irregularity or omission which did not affect the substantial rights of the parties.
2. If the special proceeding under this act is commenced after the expiration of 60 days after the date of adoption of the renewal plan, no person shall be permitted to contest the legality or validity of the findings and determinations of the agency or of the legislative body or of either of them in the adoption and approval of the renewal plan unless such issue has been raised in an action or proceeding commenced before the expiration of such 60-day period and such action or proceeding has been consolidated with the special proceeding under this act pursuant to section 6 of this act.
κ1960 Statutes of Nevada, Page 53 (CHAPTER 47, AB 43)κ
before the expiration of such 60-day period and such action or proceeding has been consolidated with the special proceeding under this act pursuant to section 6 of this act.
Sec. 8. The judgment shall determine the validity or invalidity respectively of the matters specified in section 2 of this act. The judgment shall be subject to being reopened only within 90 days after the entry of the judgment, and petitioner and any person who has appeared in the special proceeding shall have the right to move for a new trial under proper circumstances and upon appropriate grounds and to appeal from the judgment.
Sec. 9. The judgment, if no appeal is taken, or if taken and the judgment is affirmed shall be forever binding and conclusive, as to all matters therein adjudicated or which at that time could have been adjudicated, against the municipality and against all other parties and if the judgment determines that the agency is lawfully established, that the renewal plan is valid and effective, that the municipality is authorized to issue such bonds and that such bonds when issued will be valid, the judgment shall permanently enjoin the institution by any person of any action or proceeding raising any issue as to which the judgment is binding and conclusive.
Sec. 10. This act shall become effective upon passage and approval.
________
Assembly Bill No. 57Messrs. Bailey, Knisley, Humphrey (Washoe) and Bastian
CHAPTER 48
AN ACT to amend NRS section 333.120, relating to the revolving fund of the state department of purchasing, by increasing such fund to $500,000; appropriating $200,000 for such fund; and providing other matters properly relating thereto.
[Approved February 24, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 333.120 is hereby amended to read as follows:
333.120 1. A revolving fund in the sum of [$300,000] $500,000 is hereby created for:
(a) The use of the director in purchasing supplies, materials and equipment; and
(b) The payment of necessary expenses incurred in carrying out the provisions of this chapter.
2. When any purchase or service is for the use of two or more using agencies, the payment shall be made from the revolving fund in the manner provided by law upon presentation of a verified claim approved by the director.
Sec. 2. There is hereby appropriated from the general fund in the state treasury the sum of $200,000 for the revolving fund of the state department of purchasing to be used as provided in NRS 333.120.
________
κ1960 Statutes of Nevada, Page 54κ
Assembly Bill No. 82Miss Herr, Messrs. Bastian and Schouweiler
CHAPTER 49
AN ACT to amend NRS sections 387.055 and 388.410, relating to vocational rehabilitation grants and the state board for vocational education, by authorizing such board to accept and direct the disbursement of moneys received from the Federal Government for the vocational rehabilitation program; and by providing other matters properly relating thereto.
[Approved February 24, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 387.055 is hereby amended to read as follows:
387.055 1. The State of Nevada accepts the provisions and benefits of the Act of Congress entitled An act to provide for the promotion of vocational rehabilitation of persons disabled in industry or otherwise and their return to civil employment, approved June 2, 1920, and as the same has been amended.
2. In addition to the provisions of subsection 1, the state board for vocational education is authorized to accept and direct the disbursement of funds appropriated by any Act of Congress and apportioned to the State of Nevada for use in connection with the vocational rehabilitation program.
3. In accepting the provisions and benefits of the [Act] Acts of Congress referred to in [subsection 1,] subsections 1 and 2, the State of Nevada agrees to observe and comply with all of [its] their requirements.
[3.] 4. The state treasurer is designated and appointed as custodian of [the] all funds for vocational rehabilitation, and shall receive and provide for the proper custody [and disbursement] of moneys paid to the state from the appropriations made by the [Act] Acts of Congress referred to in [subsection 1,] subsections 1 and 2, and of moneys hereinafter appropriated by the state for this purpose [.] , and shall make disbursements therefrom in the manner provided in the Acts and for the purposes therein mentioned.
Sec. 2. NRS 388.410 is hereby amended to read as follows:
388.410 The state board for vocational education is designated as the state board for the purposes of the [Act] Acts of Congress referred to in NRS 387.055, and is given all necessary power to cooperate with any federal agency, board or department designated to administer [the Act] such Acts of Congress.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 55κ
Assembly Bill No. 90Messrs. Knisley, Bastian, Humphrey (Washoe), Bailey and Parks
CHAPTER 50
AN ACT providing an additional and supplemental appropriation for the support of the Nevada school of industry for the fiscal year ending June 30, 1960.
[Approved February 24, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the fiscal year ending June 30, 1960, there is hereby appropriated from the general fund in the state treasury the sum of $37,465 for the support of the Nevada school of industry as an additional and supplemental appropriation to that allowed and made by section 37 of chapter 433, Statutes of Nevada 1959.
Sec. 2. The sum of $22,200 of the moneys appropriated by section 1 is allocated to the following accounts, shall be in addition to the amounts allocated to the accounts by the 1959-1960 work program as approved and amended by the governor and as effective on January 1, 1960, and shall be used for no purpose other than as indicated:
Travel............................................................................................................... $1,000
Operating
Medical and dental care......................................................................... 9,200
Boys clothing......................................................................................... 3,000
Housekeeping supplies.......................................................................... 1,850
School supplies....................................................................................... 700
Utilities...................................................................................................... 5,325
Equipment operation............................................................................... 1,125
Sec. 3. The sum of $15,265 of the moneys appropriated by section 1 is allocated for the care of girls committed to the Nevada school of industry, and shall be used for no other purpose.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 134Clark County Delegation
CHAPTER 51
AN ACT to amend Title 48 of NRS, relating to water, by adding a new chapter establishing a procedure for loans from the flood control revolving fund to counties, cities and public districts to pay the costs of engineering, administration, acquisition of easements and rights-of-way and other costs; declaring state policy; defining terms; providing for reimbursement of such fund; prescribing the powers and duties of the director of the state department of conservation and natural resources; and providing other matters properly relating thereto.
[Approved February 24, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 48 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth in sections 2 to 9, inclusive, of this act.
κ1960 Statutes of Nevada, Page 56 (CHAPTER 51, AB 134)κ
Sec. 2. It is hereby declared to be the policy of the State of Nevada to cooperate with the United States and its departments and agencies, and with the counties, cities and public districts of the state, in preventing loss of life and property, disruption of commerce, interruption of transportation and communication and waste of water resulting from floods, and in furthering the conservation, development, utilization and disposal of water.
Sec. 3. As used in this chapter, director means the director of the state department of conservation and natural resources.
Sec. 4. Whenever the Secretary of Agriculture or the Secretary of the Army has approved or may approve a work of improvement or a flood control project in the State of Nevada, and the Congress of the United States has appropriated or may appropriate money for such work or project, and a county, city or public district, or a combination thereof, has given or is in a position to give the assurances required by the Watershed Protection and Flood Prevention Act, Public Law 566, 83rd Congress, 68 Stat. 666, as amended, or the Flood Control Act of 1954, Public Law 780, 83rd Congress, 68 Stat. 1256, as amended, and such county, city or public district is in need of immediate financial assistance for planning, engineering, administration, acquisition of easements and rights-of-way or other costs, such county, city or public district may apply to the director for such assistance in the manner provided in this act.
Sec. 5. Upon a petition from a county, city or public district to the director, in a form prescribed by the director, requesting financial assistance to aid in paying the costs of planning, engineering, administration, acquisition of easements and rights-of-way and other proper expenses connected with a flood control project, the director may, following study and approval of the proposed project, and subject to the approval of the governor and the state board of finance, loan moneys from the flood control revolving fund in the manner provided in this act.
Sec. 6. 1. Each petition to the director shall describe the proposed flood control project, state the amount of money requested, and designate the areas to be assessed for the purpose of reimbursement of the flood control revolving fund.
2. The director shall determine the period to be allowed for repayment of the money loaned, which period shall not be longer than 5 years from the date of the loan.
3. The director shall, between the 1st Monday of October and the 1st Monday of December of each year following the date of any loan, prepare a budget based on repayment of the loan in equal annual installments showing the amount of money to be repaid in the next succeeding fiscal year, and shall submit the budget to the board of county commissioners of the county in which the project is located. If the project is located in more than one county, separate budgets shall be prepared for each county.
Sec. 7. 1. Upon receipt of a budget from the director, the board of county commissioners shall certify the charge or charges contained therein to the county assessor. The county assessor shall enter such charge or charges on the assessment roll against the property benefited.
κ1960 Statutes of Nevada, Page 57 (CHAPTER 51, AB 134)κ
charge or charges on the assessment roll against the property benefited.
2. The appropriate officers of the county shall collect such charges in the same manner as special taxes are collected. Such charge shall be a lien upon the property so assessed, which shall be enforced in the same manner as other property tax liens are enforced.
Sec. 8. 1. The receipts of the charges provided for in section 7 of this act, when collected, shall be deposited, in the same manner as receipts of special taxes are deposited, with the state treasurer to the credit of the flood control revolving fund.
2. All claims against such fund shall be certified by the director, and when they have been certified and approved by the state board of examiners, the state controller shall draw his warrant therefor against the flood control revolving fund.
Sec. 9. Loans may be made pursuant to this chapter from time to time for each proposed flood control project at the discretion of the director and within the limits of moneys available in the flood control revolving fund.
Sec. 10. This act shall become effective upon passage and approval.
________
Assembly Bill No. 135Clark County Delegation
CHAPTER 52
AN ACT to amend NRS sections 542.040 and 542.070, relating to watershed protection and flood prevention districts, by providing that such districts, upon creation, become governmental subdivisions; by authorizing such districts to acquire property by condemnation or otherwise and to borrow from the flood control revolving fund; and by providing other matters properly relating thereto.
[Approved February 24, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 542.040 is hereby amended to read as follows:
542.040 1. Upon receipt of the petition the board of county commissioners shall set a date for a public hearing upon the petition. Notice of such hearing shall be published twice in a newspaper published in the county and of general circulation within the area of the proposed district.
2. After the hearing, or as soon thereafter as possible for the board of county commissioners to obtain the necessary information upon which to base its decision, the board of county commissioners shall issue an order approving or disapproving the creation of the district.
3. If the board of county commissioners approves the creation of the district, the district shall thereupon be a governmental subdivision of the State of Nevada and a body corporate with all the powers of a public or quasi-municipal corporation.
Sec. 2. NRS 542.070 is hereby amended to read as follows:
542.070 The board of directors of the district shall have the following powers and duties:
κ1960 Statutes of Nevada, Page 58 (CHAPTER 52, AB 135)κ
1. To exercise by vote, ordinance or resolution all of the general powers of the district.
2. To make all needful rules, regulations and bylaws for the management and the affairs of the district and of the board.
3. To adopt a seal for the district, prescribe the style thereof, and to alter the same at pleasure.
4. To inquire into any matters relating to the affairs of the district, to compel by subpena the attendance of witnesses and the production of books and papers material to any such inquiry, to administer oaths to witnesses, and to examine such witnesses.
5. To employ necessary clerical assistance to hold office during the pleasure of the board of directors, and upon such terms and conditions as the board of directors may require.
6. To cooperate and to act in conjunction with the State of Nevada, or any of its engineers, officers, boards, commissions, departments or agencies, or with the Government of the United States, or any of its engineers, officers, boards, commissions, departments or agencies, or with any public or private corporation, in the investigations or construction of any works of improvement for the controlling of flood or storm waters of or flowing into the district, or for the protection of life or property therein, or for the purpose of conserving water for beneficial use within the district.
7. To prevent damage to watersheds and to further conservation, development, utilization and disposal of water.
8. To conduct such investigations and surveys as may be necessary to prepare plans for works of improvement and to prepare and carry out plans for works of improvement.
9. To obtain the cooperation and assistance of federal agencies in carrying out the purposes of the district.
10. To receive federal assistance for the installation of works of improvement and meet the conditions required by law and the Secretary of Agriculture under the federal Watershed Protection and Flood Prevention Act of 1954, being Public Law 566-83d Congress, Chapter 656-2d Session H. R. 6788, approved August 4, 1954, and any act amendatory thereof and supplementary thereto.
11. To acquire, by condemnation or other legal means, all lands, rights and other property necessary to the exercise of the powers granted by the provisions of this chapter.
12. To borrow money from the flood control revolving fund in the state treasury, in the manner provided by law.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 59κ
Assembly Bill No. 146Mr. Murphy
CHAPTER 53
AN ACT to amend NRS section 403.130, relating to the salary and traveling expenses of county road supervisors, by removing the $2,400-per-year limit on such salaries.
[Approved February 24, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 403.130 is hereby amended to read as follows:
403.130 1. The board of county highway commissioners shall fix the salary of the county road supervisor. [, which salary shall not exceed the sum of $2,400 a year.]
2. The board of county highway commissioners may allow the actual traveling expenses of the county road supervisor, and may provide a means of conveyance for him when traveling in the actual performance of his duties.
3. The salary and expenses shall be paid from the county treasury in the manner provided for payment of county officers.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 149Committee on Roads and Transportation
CHAPTER 54
AN ACT to amend NRS section 706.500, relating to liability insurance to be provided by motor carriers, by designating the public service commission as the agency to require and approve such insurance.
[Approved February 24, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 706.500 is hereby amended to read as follows:
706.500 1. In issuing the licenses provided in NRS 706.530 to 706.600, inclusive, except as to private carriers, the [department] commission shall require, within such time and in such amounts as the commission may designate, the filing with the commission in a form required and approved by the commission of a liability insurance policy, or a certificate of insurance in lieu thereof, or a bond of a surety and bonding company, or other surety, in such reasonable sum as the commission may deem necessary to protect adequately the interests of the public and the public safety.
2. Such liability insurance policy, or certificate, policy or bond of a surety and bonding company or other surety shall bind the obligors thereunder to pay the compensation for injuries to third persons or for loss or damage to their property resulting from the negligent operation of such carrier.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 60κ
Assembly Bill No. 150Committee on Roads and Transportation
CHAPTER 55
AN ACT to amend NRS section 484.370, relating to lamps on parked vehicles, by providing that the light which a vehicle parked on a roadway must display may be an amber light.
[Approved February 24, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 484.370 is hereby amended to read as follows:
484.370 1. Whenever a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, whether attended or unattended during the times mentioned in NRS 484.290, such vehicle shall be equipped with one or more lamps which shall exhibit a white or amber light on the roadway side visible from a distance of 500 feet to the front of such vehicle and a red light visible from a distance of 500 feet to the rear, except that local authorities may provide by ordinance or resolution that no lights need be displayed upon any such vehicle when stopped or parked in accordance with local parking regulations upon a highway where there is sufficient light to reveal any person or object within a distance of 500 feet upon such highway.
2. Any lighted head lamps upon a parked vehicle shall be depressed or dimmed.
________
Senate Bill No. 3Senator Slattery
CHAPTER 56
AN ACT to amend chapter 392 of NRS, relating to school pupils, by creating a new provision declaring the policy of the legislature concerning corporal and other punishment of pupils in the public schools; requiring boards of trustees of school districts to authorize by regulation reasonable corporal or other punishment of pupils by certificated personnel; limiting the administration of corporal punishment; and providing other matters properly relating thereto.
[Approved February 24, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 392 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The legislature declares:
(a) That the use of corporal punishment is to be discouraged in the public schools, and only after all other methods of discipline have proven ineffective should a pupil be administered corporal punishment.
(b) That judgment and discretion are to be used in all punishment, corporal and otherwise, and maximum use should be made of available school counseling and psychological services.
2. Subject to the limitations contained in this section, the board of trustees of every school district shall adopt rules and regulations authorizing teachers, principals and other certificated personnel to administer reasonable corporal or other punishment to pupils when such action is deemed an appropriate corrective measure.
κ1960 Statutes of Nevada, Page 61 (CHAPTER 56, SB 3)κ
authorizing teachers, principals and other certificated personnel to administer reasonable corporal or other punishment to pupils when such action is deemed an appropriate corrective measure.
3. Parents and guardians shall be notified before, or as soon as possible after, corporal punishment is administered.
4. No corporal punishment shall be administered on or about the head or face of any pupil, but this limitation shall not prohibit any teacher, principal or other certificated person from defending himself if attacked by a pupil.
5. Nothing contained in this section shall be construed or interpreted to indicate that the teachers, principals and other certificated personnel have not heretofore had the authority and the right to administer reasonable corporal or other punishment to pupils.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 39Senators Brown, Gallagher, Seevers and Whitacre (by request of the Legislative Commission)
CHAPTER 57
AN ACT to amend chapter 334 of NRS, relating to public purchasing, by creating a new provision prohibiting state agencies from acquiring real property unless such acquisition is otherwise provided for by law.
[Approved February 26, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 334 of NRS is hereby amended by adding thereto a new section, which shall read as follows:
Unless otherwise provided by law, no state department, division, bureau, commission, board, authority or agency, and no state officer, commissioner, representative of the state, or other state employee acting by, for, or on account of any office, department, board, commission, bureau, agency or institution operating by authority of law, and supported in whole or in part by any public funds, whether the funds are funds received from the Federal Government or any branch or agency thereof, or from private or any other sources, and whether or not its funds are deposited in the state treasury, may lease, purchase or enter into any contract for the purchase of, or receive or acquire by gift, grant, devise or in any other manner, any real property.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 62κ
Senate Bill No. 33Senators Echeverria, Lemaire, Lamb, Brown, Seevers, Dial, Frank, Whitacre, Settelmeyer, Black, McGowan, Gallagher, Rand, Duffy and Monroe
CHAPTER 58
AN ACT to amend Title 40 of NRS, relating to public health and safety, by creating a new chapter which establishes a cancer advisory council; by providing for the qualifications, appointment and terms of members; by prescribing the duties of the council and the state department of health with respect to the investigation of cancer treatment; by defining terms; by providing penalties; and by providing other matters properly relating thereto.
[Approved March 1, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 40 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth in sections 2 to 23, inclusive, of this act.
Sec. 2. The effective diagnosis, care, treatment and cure of persons suffering from cancer is affected with the public interest. Vital statistics indicate that approximately 16 percent of the annual total deaths in the United States result from one or another of the forms of cancer. It is established that accurate and early diagnosis of many forms of cancer, followed by prompt application of methods of treatment which are scientifically proven, either materially reduces the likelihood of death from cancer or may materially prolong the useful life of individuals suffering therefrom. It is, therefore, in the interest of members of the public that they be afforded full and accurate knowledge of the facilities and methods used for the diagnosis, treatment and cure of cancer which are available in this state, and to that end, that there be provided means for testing and investigating cancer devices, drugs, compounds and other agents, and that the members of the public be informed of facts for their protection from misrepresentation in such matters.
Sec. 3. As used in this chapter, unless the context requires otherwise:
1. Cancer means all malignant neoplasms, regardless of the tissue of origin, including malignant lymphoma and leukemia.
2. Council means the Nevada cancer advisory council.
3. Department means the state department of health.
Sec. 4. 1. The Nevada cancer advisory council is hereby established. The council shall consist of 10 members, five of whom shall be doctors of medicine, one a doctor of osteopathy, one a doctor of dental surgery, one a chiropractor, one an attorney at law and one a member of the physical science department of the University of Nevada.
2. In addition to the 10 members provided for in subsection 1, the state health officer shall be an ex officio member of the council.
Sec. 5. Members of the council shall receive no compensation for their services.
Sec. 6. 1. The first members of the council shall be appointed by the governor for the following terms:
κ1960 Statutes of Nevada, Page 63 (CHAPTER 58, SB 33)κ
(a) One member shall be appointed for a term of 1 year.
(b) Three members shall be appointed for terms of 2 years.
(c) Three members shall be appointed for terms of 3 years.
(d) Three members shall be appointed for terms of 4 years.
2. Upon the expiration of the term of office of any member, the governor shall appoint his successor, who shall serve for a term of 4 years. Vacancies on the council shall be filled by appointment by the governor for the unexpired terms.
Sec. 7. 1. The council shall:
(a) Advise the governor and the department on all matters relating to the diagnosis, treatment or cure of cancer.
(b) Meet not less than twice each year and upon the appointment and qualification of a new member of the council.
(c) Elect one of its members chairman, who shall hold office for 1 year and until the election and qualification of his successor.
2. A majority of the council shall constitute a quorum for the transaction of business.
Sec. 8. The department shall:
1. Adopt reasonable rules and regulations for the administration of this chapter, in accordance with the recommendations of the council.
2. Investigate violations of this chapter.
3. Investigate and test the content, method of preparation and use of any drug, medicine, compound or device proposed to be used or used by any person or association in the state for the diagnosis, treatment or cure of cancer.
4. Make findings of fact upon completion of any testing or investigation authorized by this chapter.
5. Hold hearings for the purpose of determining whether any of the provisions of this chapter have been violated. Any such hearing may be held before the council at its discretion. Any administrative action taken by the department as a result of such hearings shall be taken only upon the recommendation of the council.
6. Contract with independent scientific consultants for specialized services and advice.
Sec. 9. Upon the written request of the department, delivered personally or by registered mail, any person or association engaged or representing himself or itself as engaged in the diagnosis, treatment or cure of cancer shall furnish the department with such sample as the department may require of any drug, medicine, compound or device used or prescribed by such person or association, in the treatment or cure of cancer, and shall specify the formula of any such drug or compound used and name all ingredients by their common or usual name, and shall, upon like request by the department, furnish such necessary information as the department may request as to the composition and method of preparation of and the use to which any such drug, compound or device is being put by such person or association.
Sec. 10. Following an investigation by the department of the content or composition of any drug, medicine, compound or device used by any person or association in the diagnosis, treatment or cure of cancer, the department, after receiving the recommendations of the council, shall direct that any such person or association shall, prior to prescribing, recommending or making use of any such drug, medicine, compound or device in the treatment of any person, furnish such person with a statement as to the nature and content of such drug, medicine, compound or device.
κ1960 Statutes of Nevada, Page 64 (CHAPTER 58, SB 33)κ
cancer, the department, after receiving the recommendations of the council, shall direct that any such person or association shall, prior to prescribing, recommending or making use of any such drug, medicine, compound or device in the treatment of any person, furnish such person with a statement as to the nature and content of such drug, medicine, compound or device. The council may also require that such person or association post in a conspicuous place in his or its office or treatment rooms a like statement as to the nature and content of such drug, medicine, compound or device, and such statement shall be in the form and size prescribed by the department.
Sec. 11. The investigation or testing of any product by the department is not an endorsement of the qualifications or value of such product, and no person shall make any representation that investigation or testing constitutes an approval or endorsement of his or its activities by the department or the council.
Sec. 12. After investigation or testing by the department of the content or composition of any drug, medicine, compound or device used by any person or association in the diagnosis, treatment or cure of cancer, the department, upon the recommendation of the council, may direct that such person or association cease and desist any further prescribing, recommending or use of any such drug, medicine, compound or device or substantially similar drugs, medicines, compounds or devices in the diagnosis or treatment of cancer.
Sec. 13. In the investigation or testing required by this chapter to determine the value of any drug, medicine, compound or device used in the diagnosis, treatment or cure of cancer, the department shall, as it deems necessary or advisable, utilize the facilities and findings of its own laboratories or other appropriate laboratories within the state, or the facilities and findings of the Federal Government, including the National Cancer Institute.
Sec. 14. Upon recommendation by the council, the department shall arrange by contract for investigation by and submission to it of findings, conclusions or opinions of trained scientists in the appropriate departments of universities and medical schools and the submission to it of findings, conclusions or opinions of other qualified scientists.
Sec. 15. Prior to the issuance of a cease and desist order under this chapter, the council shall make a written finding of fact based on such investigation that the drug, medicine, compound or device so investigated has been found to be of no value in the diagnosis, treatment or cure of cancer.
Sec. 16. If any person or association, after service upon him or it of a cease and desist order issued by the department under this chapter, persists in prescribing, recommending or using the drug, medicine, compound or device described in the order, any district court, on application of the department, may issue an injunction or other appropriate order restraining such person or association from prescribing, recommending or using such drug, medicine, compound or device or any substantially similar drug, medicine, compound or device.
Sec. 17. No person or association against whom an injunction has been issued under section 16 may use any new or unapproved drug, medicine, compound or device in the diagnosis, treatment or cure of cancer unless such drug, medicine, compound or device has been first submitted to the department for investigation and testing.
κ1960 Statutes of Nevada, Page 65 (CHAPTER 58, SB 33)κ
been issued under section 16 may use any new or unapproved drug, medicine, compound or device in the diagnosis, treatment or cure of cancer unless such drug, medicine, compound or device has been first submitted to the department for investigation and testing.
Sec. 18. The department, upon the recommendation of the council, may from time to time publish reports based on its investigation or testing of any drug, medicine, compound or device prescribed, recommended or used by any person or association, and when, in the opinion of a majority of the members of the council, the use of any drug, medicine, compound or device in the diagnosis, treatment or cure of cancer constitutes an imminent danger to health or a gross deception of the public, the department may take appropriate steps to publicize the same. No such report or part thereof is admissible in evidence in any criminal prosecution.
Sec. 19. The department shall submit to the governor, for submission to the legislature in January of each year, a report of its activities during the preceding calendar year.
Sec. 20. County health officers, district attorneys and the attorney general shall cooperate with the department in the enforcement of the provisions of this chapter.
Sec. 21. The failure of any person or association, representing himself or itself as engaged in the diagnosis, treatment or cure of cancer, to comply with any of the provisions of this chapter, or with any order of the department validly issued under this chapter, is a misdemeanor.
Sec. 22. Every person convicted of willfully and falsely representing a device, substance or treatment as effective to arrest or cure cancer is guilty of a misdemeanor.
Sec. 23. Every person convicted of a violation of any provision of this chapter, who has previously been convicted twice or more of violations of any provisions of this chapter, is guilty of a felony.
Sec. 24. This act shall become effective upon passage and approval.
________
Senate Bill No. 83Committee on Aviation, Transportation and Highways
CHAPTER 59
AN ACT to amend NRS section 481.051, relating to the powers and duties of the director of the department of motor vehicles, by permitting the director to appoint agents to assist in the collection of special fuel taxes and one-trip license fees for the department; and by providing other matters properly relating thereto.
[Approved March 1, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 481.051 is hereby amended to read as follows:
481.051 1. As executive head of the department, the director shall direct and supervise all administrative and technical activities of the department.
κ1960 Statutes of Nevada, Page 66 (CHAPTER 59, SB 83)κ
department. He shall devote his entire time to the duties of his office, and shall follow no other gainful employment or occupation.
2. The director may, within such limitations as may be provided by law, organize the department into various divisions and, from time to time, alter such organization and reassign responsibilities and duties as he may deem appropriate.
3. The director shall:
(a) Formulate the policy of the department and the various divisions thereof.
(b) Coordinate the activities of the various divisions of the department.
(c) From time to time adopt, amend and rescind such rules and regulations consistent with law as he may deem necessary for the operation of the department and the enforcement of all laws administered by the department.
4. The director may appoint vendors to serve as department agents on the highways of the state for the purpose of selling one-trip licenses, convoy one-trip licenses and of collecting other one-trip fees where fixed ports of entry do not adequately serve a respective highway entering the state. The vendor shall be remunerated at the rate of 50 cents per license sold. The vendor shall collect the special fuel tax provided for in chapter 366 of NRS and the one-trip and convoy one-trip license fees provided for in chapter 706 of NRS, and pay them to the department. The vendor shall guarantee such payment by giving a bond to the state in such sum as may be fixed by the director. The premium on such bond shall be paid by the department.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 109Committee on Finance
CHAPTER 60
AN ACT creating the 1960 emergency state distributive school fund in the state treasury; appropriating the sum of $2,462,700 from the general fund in the state treasury to the 1960 emergency state distributive school fund; providing the methods for apportioning the 1960 emergency state distributive school fund among the several county school districts of the state and providing the times for payments thereof; providing for the deposit and use of such moneys by county school districts; and providing other matters properly relating thereto.
[Approved March 1, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby created in the state treasury the 1960 emergency state distributive school fund.
Sec. 2. There is hereby appropriated from the general fund in the state treasury the sum of $2,462,700 to the 1960 emergency state distributive school fund.
Sec. 3. The state board of education shall apportion the 1960 emergency state distributive school fund among the several county school districts in the manner herein provided.
κ1960 Statutes of Nevada, Page 67 (CHAPTER 60, SB 109)κ
school districts in the manner herein provided. For the school year commencing July 1, 1960, each county school district shall be entitled to receive a sum of money equal to $300 multiplied by the number of its certified employees plus $26 multiplied by the number of pupils in average daily attendance in grades 1 to 12, inclusive, during the first 6 months of the school year commencing July 1, 1960, plus $13 multiplied by the number of pupils in average daily attendance in kindergarten during the first 6 months of the school year commencing July 1, 1960. The term certified employee shall be construed to have the same meaning attributed to it pursuant to the provisions of NRS 387.125.
Sec. 4. Apportionments shall be paid quarterly at the times provided in NRS 387.120. Each of the first three quarterly payments shall consist of approximately one-fourth of the estimated yearly apportionment. A final adjustment shall be made in the apportionment made in April, 1961, by adding or subtracting the difference between the amount paid in the previous three quarters and the amount computed on the actual average daily attendance of pupils during the first 6 months of the school year.
Sec. 5. Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees shall be credited with attendance during that period.
Sec. 6. Apportionments made under the provisions of this act shall be in addition to apportionments made pursuant to the provisions of NRS 387.125.
Sec. 7. All moneys received by a county school district under the provisions of this act shall be deposited in the county school district fund and may be used for any or all of the purposes specified in NRS 387.205.
Sec. 8. This act shall become effective on July 1, 1960, and shall expire by limitation on midnight of July 30, 1961. Any moneys remaining in the 1960 emergency state distributive school fund on July 1, 1961, shall revert to the general fund in the state treasury.
________
Senate Bill No. 106Committee on Finance
CHAPTER 61
AN ACT to provide an additional and supplemental appropriation for the support of the state department of conservation and natural resources for forest fire suppression for the fiscal year ending June 30, 1960.
[Approved March 1, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the fiscal year ending June 30, 1960, there is hereby appropriated from the general fund in the state treasury the sum of $3,500 for the support of the state department of conservation and natural resources for forest fire suppression by the state forester firewarden as an additional and supplemental appropriation to that allowed and made by section 49 of chapter 433, Statutes of Nevada 1959.
κ1960 Statutes of Nevada, Page 68 (CHAPTER 61, SB 106)κ
allowed and made by section 49 of chapter 433, Statutes of Nevada 1959.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 95Committee on Aviation, Transportation and Highways
CHAPTER 62
AN ACT to amend chapter 408 of NRS, relating to highways and roads, by adding new sections providing for the disposition of easements and property held in fee by the state upon relocation or vacation of highways; and providing other matters properly relating thereto.
[Approved March 1, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 408 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The board may retain or may summarily vacate and abandon any portion of a state highway which portion has been superseded by relocation.
2. The board shall act to abandon any easement, or to vacate any highway, by resolution. A certified copy of such resolution may be recorded without acknowledgment, certificate of acknowledgment, or further proof, in the office of the county recorder of each county wherein any portion of the easement to be abandoned, or the highway to be vacated, lies. No fee shall be charged for such recordation. On such recordation, the abandonment or vacation is complete.
3. When a highway for which the state holds only an easement is abandoned, or when any other easement is abandoned, the property previously subject thereto shall be free from such public easement for highway purposes. Where the state owns in fee the property on which the vacated highway was located, the department shall dispose of such property as provided in NRS 408.999.
4. In any proceeding for the abandonment or vacation of any state highway or part thereof, the board may reserve and except therefrom any easements, rights, or interests in said highway deemed desirable and in the best interests of the state.
Sec. 3. 1. Whenever the department and the county or city concerned have entered into an agreement providing therefor, and the legislative body of such county or city has adopted a resolution consenting thereto, the board may relinquish, to any such county or city any portion of any state highway which has been deleted from the state highway system by legislative enactment. The department may likewise relinquish any portion of any state highway which has been superseded by relocation. Nothing in section 2 of this act shall be construed as limiting the power of the board to relinquish abandoned or vacated portions of a state highway to counties and cities.
2. Relinquishment shall be by resolution. A certified copy of such resolution shall be filed with the legislative body of the county or city concerned.
κ1960 Statutes of Nevada, Page 69 (CHAPTER 62, SB 95)κ
concerned. Such resolution shall be recorded in the office of the recorder of the county where such land is located and upon such recordation, all right, title and interest of the state in and to such portion of any state highway shall vest in the county or city, as the case may be, and such highway or portion thereof shall thereupon constitute a county road or city street.
3. The vesting of all right, title and interest of the state in and to such portions of any state highways heretofore relinquished by the department in the city or county to which it was relinquished is hereby confirmed.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 94Committee on Aviation, Transportation and Highways
CHAPTER 63
AN ACT to amend NRS section 408.155, relating to the advisory board to the board of directors of the department of highways, by providing that meetings of the advisory board shall be held on or about June 1 and December 1 of each year at a place to be determined by the board chairman.
[Approved March 1, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 408.155 is hereby amended to read as follows:
408.155 1. An advisory board to the board of directors of the department of highways, consisting of 17 members, one from each county, is hereby created.
2. Within 30 days from April 1, 1957, each board of county commissioners shall appoint a member for a term of 2 years. Immediately after their appointments, the members shall meet on the call of the governor at the place designated in the call, organize and elect a chairman from among the members.
3. After the organizational meeting provided for in subsection 2, the advisory board shall meet [at the call of the chairman, but at least two meetings each year shall be called and held. One meeting each year shall be called and held at the State Office Building in Carson City, Nevada, on the 1st Monday in June. One meeting each year shall be called and held at the State Office Building in Las Vegas, Nevada, on the 1st Monday in December.] on or about June 1 and December 1 of each year at a place to be determined by the chairman.
4. Members of the advisory board attending meetings of the board or engaged in the business of the advisory board shall receive no compensation therefor but shall receive their per diem expense allowances and travel expenses as provided by law, which allowances and expenses shall be paid from the county road funds of their respective counties.
5. Vacancies occurring in the advisory board shall be filled by the board of county commissioners of the county wherein the vacancy exists by appointment for the unexpired term. Vacancies occurring in the advisory board by reason of expiration of term shall be filled by appointment by the boards of county commissioners for terms of 2 years.
κ1960 Statutes of Nevada, Page 70 (CHAPTER 63, SB 94)κ
the advisory board by reason of expiration of term shall be filled by appointment by the boards of county commissioners for terms of 2 years.
6. The advisory board shall not be concerned with administrative matters of the department of highways. The advisory board shall consult with the board of directors and shall advise the board of directors regarding general highway policy, with particular reference to the location or relocation of highway routes.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 69Committee on Education and State University
CHAPTER 64
AN ACT to amend NRS section 439.110, relating to the state health officer, by allowing such officer to cooperate with the University of Nevada in the preparation and teaching of a public health program.
[Approved March 1, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 439.110 is hereby amended to read as follows:
439.110 [The] 1. Except as provided in subsection 2, the state health officer shall devote his full time to his official duties and shall not engage in any other business or occupation.
2. Notwithstanding the provisions of NRS 281.127, the state health officer may cooperate with the University of Nevada in the preparation and teaching of preservice professional workers in public health, and in a program providing additional professional preparation for public health workers employed by the State of Nevada.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 51Senator Duffy
CHAPTER 65
AN ACT to amend an act entitled An Act fixing the compensation of certain county officers of Esmeralda County, Nevada; authorizing and empowering the board of county commissioners of Esmeralda County, Nevada, to regulate the appointment, number and compensation of deputies of county officers and other county employees; repealing certain acts and parts of acts; and other matters properly relating thereto, approved March 21, 1957.
[Approved March 1, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1 of the above-entitled act, being chapter 143, Statutes of Nevada 1957, at page 193, is hereby amended to read as follows:
Section 1. The sheriff of Esmeralda County for services as sheriff shall receive an annual salary of $2,400.
κ1960 Statutes of Nevada, Page 71 (CHAPTER 65, SB 51)κ
shall receive an annual salary of $2,400. For his services as ex officio county assessor he shall receive an annual salary of $2,400. The sheriff is hereby authorized to appoint one deputy sheriff who shall receive an annual salary of $1,950 as deputy sheriff and an annual salary of $1,950 as ex officio deputy county assessor. The sheriff may also appoint as many deputy assessors and deputy sheriffs as the board of county commissioners shall deem necessary, and the board of county commissioners shall fix the compensation of the deputies so appointed. In no case shall the compensation of such deputies exceed the sum of [$10] $12 per day.
Sec. 2. Section 2 of the above-entitled act, being chapter 143, Statutes of Nevada 1957, at page 193, is hereby amended to read as follows:
Section 2. The county clerk and treasurer for his services as county clerk and treasurer shall receive an annual salary of $4,200. He may appoint as many deputies as the board of county commissioners shall deem necessary, and the compensation of such deputies shall not exceed the sum of [$10] $12 per day.
Sec. 3. Section 3 of the above-entitled act, being chapter 143, Statutes of Nevada 1957, at page 193, is hereby amended to read as follows:
Section 3. The county recorder and ex officio auditor shall receive an annual salary of $4,200. He may appoint as many deputies as the board of county commissioners shall deem necessary, and the compensation of such deputies shall not exceed the sum of [$10] $12 per day.
Sec. 4. Section 4 of the above-entitled act, being chapter 143, Statutes of Nevada 1957, at page 193, is hereby amended to read as follows:
Section 4. The district attorney for his services as district attorney shall receive an annual salary of $4,200. He [shall] may have a clerk or stenographer to be named by him at a salary of not to exceed the sum of [$10] $12 per day. When the business of his office shall require and the board of county commissioners shall deem it necessary, he may appoint a deputy who shall be paid at the rate of not to exceed [$10] $12 per day.
Sec. 5. This act shall become effective upon passage and approval.
________
Senate Bill No. 48Senator Lamb
CHAPTER 66
AN ACT to amend NRS section 425.030, defining certain words and terms used in the Aid to Dependent Children Act of 1955, by redefining dependent child to include children over 16 years and under 18 years of age who are regularly attending school and obtaining a passing grade in their studies.
[Approved March 1, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 425.030 is hereby amended to read as follows:
425.030 As used in this chapter:
κ1960 Statutes of Nevada, Page 72 (CHAPTER 66, SB 48)κ
1. Applicant means any person who has applied for assistance under this chapter.
2. Assistance means money payments with respect to a dependent child or children, and with respect to the parent or other relative caring for the child or children.
3. Board means the state welfare board.
4. Department means the state welfare department.
5. Dependent child means a needy child under the age of 16 years, or under the age of 18 years if found by the department to be regularly attending school, and obtaining a passing grade in his studies, who has been deprived of parental support or care by reason of the death, continued absence from the home, or physical or mental incapacity of a parent, and who is living with his father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, first cousin, nephew or niece, in a place of residence maintained by one or more of such relatives as his or their own home.
6. Recipient means any person who has received or is receiving assistance.
________
Senate Bill No. 41Senator Gallagher
CHAPTER 67
AN ACT to amend NRS section 122.060, relating to marriage license fees, by authorizing county commissioners in counties having a population of less than 20,000 to allow the county clerk to retain part of the fee received for a marriage license issued after regular office hours.
[Approved March 1, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 122.060 is hereby amended to read as follows:
122.060 1. The clerk shall be entitled to receive as his fee for issuing the license the sum of $1, but if licenses are issued after regular office hours, the board of county commissioners may set an additional fee by county ordinance, [which fee] a part of which, in counties having a population of less than 20,000, the board may allow the clerk to retain as his fee for extra services, and the balance of which shall be deposited in the county general fund.
2. The clerk shall also at the time of issuing the license collect the sum of $1 and pay the same over to the county recorder as his fee for recording the certificate named in NRS 122.130.
3. The clerk shall also at the time of issuing the license collect the additional sum of $3 for the State of Nevada. The fees collected for the state shall be paid over to the county treasurer by the county clerk on or before the 5th day of each month for the preceding calendar month, and shall be placed to the credit of the state fund.
κ1960 Statutes of Nevada, Page 73 (CHAPTER 67, SB 41)κ
The county treasurer shall remit quarterly all such fees deposited by the clerk to the state treasurer, to be placed by the state treasurer in the general fund of the state.
________
Assembly Bill No. 153Committee on Agriculture and Irrigation
CHAPTER 68
AN ACT to amend NRS section 548.520, relating to exclusion of lands from a soil conservation district, by permitting the withdrawal of land from a soil conservation district.
[Approved March 1, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 548.520 is hereby amended to read as follows:
548.520 1. Petitions to change the boundary of a district may be filed with the state soil conservation committee at any time following the organization of a district.
2. The petitions shall:
(a) Indicate either that the territory to be separated from a district is to be included in an existing district [or] , is to be organized as a new district [;] , or is to be withdrawn and not included in an existing district or organized as a new district; and
(b) Contain a statement from the district from which territory is to be [excluded] separated that the proposed change in boundary is approved [.] , except that when the land to be withdrawn is not to be included in an existing district or organized as a new district no statement from the district is required.
3. The proceedings provided for in this chapter in the case of petitions to organize a district shall be followed, except that when a change in boundary occasions the addition of territory to an existing district or the withdrawal of territory from an existing district when such withdrawn territory is not to be included in an existing district or organized as a new district, the application for a certificate of inclusion or withdrawal shall be signed by the chairman and the secretary of the governing body of the district into which the additional territory is to be included [.] or from which the withdrawn territory is to be separated.
4. The state soil conservation committee shall prescribe the form of the petition, which shall be, as nearly as practicable, in the form prescribed in this chapter for petitions to organize a district.
5. Where the total number of land occupiers in the area affected by a proposed change in boundary shall be less than 25, the petition may be filed when signed by a majority of the occupiers of such area, and in such case no referendum need be held.
6. In referenda upon petitions for changes in boundary, all occupiers of land lying within the area affected by the proposed change in boundary shall be eligible to vote.
________
κ1960 Statutes of Nevada, Page 74κ
Assembly Bill No. 119Committee on Roads and Transportation
CHAPTER 69
AN ACT to amend NRS section 408.605, relating to state highway Route 41, by changing the designation of such route.
[Approved March 1, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 408.605 is hereby amended to read as follows:
408.605 Route 41 begins on [Route 40 at or near the Valley of Fire, thence in a southwesterly direction via Bitter Springs Valley and Las Vegas Wash to a connection with Route 5 between Las Vegas and Boulder City.] interstate Route 15 at or near Sloan, thence in an easterly direction via Henderson and southerly along Lake Shore Road to a connection with Route 26 between Boulder City and Hoover Dam.
________
Senate Bill No. 79Committee on Judiciary
CHAPTER 70
AN ACT to amend NRS section 2.300, relating to the authority of the supreme court to employ stenographic and law clerks, by providing authority to increase the number of law clerks employed from two to three.
[Approved March 1, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 2.300 is hereby amended to read as follows:
2.300 The supreme court, or a majority thereof, is authorized to employ two stenographic clerks and [two] three law clerks.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 74Committee on Banks, Banking and Corporations
CHAPTER 71
AN ACT to amend NRS section 356.085, relating to interest on deposits of public funds, by providing that interest on such deposits be paid at least annually.
[Approved March 1, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 356.085 is hereby amended to read as follows:
356.085 The interest to be paid by a depositary bank shall be paid in accordance with the contract made with the state treasurer, and at least [semiannually.]
κ1960 Statutes of Nevada, Page 75 (CHAPTER 71, SB 74)κ
in accordance with the contract made with the state treasurer, and at least [semiannually.] annually.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 82Committee on Aviation, Transportation and Highways
CHAPTER 72
AN ACT to amend NRS section 408.920, relating to progress payments to highway contractors, by clarifying the provisions which fix the limits of such payments.
[Approved March 1, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 408.920 is hereby amended to read as follows:
408.920 1. The engineer may authorize partial payments at the end of each calendar month, or as soon thereafter as practicable, to any contractor satisfactorily performing any highway improvement or construction as the work progresses. The progress estimates shall be based upon materials in place and labor expended thereon. [; but not] Not more than 90 percent of the contract price of any work shall be paid in advance of full completion and final acceptance of such improvement or construction [. At] , except that at any time after 50 percent of the work has been completed, if the engineer finds that satisfactory progress is being made, he may make any of the remaining partial payments in full, based upon the progress estimates.
2. The withheld percentage of the contract price of any such work or improvement or construction shall be retained until the contract is completed satisfactorily and finally accepted by the engineer and any authorized representative of the United States Government having supervision of highways within the meaning of this chapter.
3. If it becomes necessary for the department to take over the completion of any highway contract or contracts, all of the amounts owing the contractor, including the withheld percentage, shall first be applied toward the cost of completion of the contract or contracts. Any balance remaining in the retained percentage after completion by the department shall be payable to the contractor or the contractors creditors.
4. Such retained percentage as may be due any contractor shall be due and payable at the expiration of the 30-day period as provided in NRS 408.900 for filing of creditors claims, and such retained percentage shall be due and payable to the contractor at such time without regard to creditors claims filed with the department.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 76κ
Assembly Bill No. 16Messrs. Crosby, Bissett, Crawford, Christensen (Washoe) and Miss Frazier
CHAPTER 73
AN ACT to amend NRS sections 287.010, 287.020 and 287.040, relating to group insurance for employees of political subdivisions, by allowing the governing bodies of political subdivisions to defray a part, not to exceed 50 percent, of the cost of group insurance and medical and hospital plans by contribution, providing for the budgeting of funds for such contributions, and providing other matters properly relating thereto.
[Approved March 1, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 287.010 is hereby amended to read as follows:
287.010 The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada shall have the power:
1. To adopt and carry into effect a system of group life, accident or health insurance, or any combination thereof, for the benefit of such of their officers and employees as shall or may elect to accept the same and who have authorized the governing body to make deductions from their compensation for the payment of premiums on such insurance.
2. To purchase group policies of life, accident or health insurance, or any combination thereof, for the benefit of such officers and employees as shall have authorized the purchase, from insurance companies authorized to transact the business of such insurance in the State of Nevada, and to deduct from the compensation of such officers and employees the premiums upon such insurance and pay such deductions upon the premiums.
3. To defray a part, not to exceed 50 percent, of the cost of such premiums by contribution. The funds for such contributions shall be budgeted for in accordance with the laws governing such county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada.
Sec. 2. NRS 287.020 is hereby amended to read as follows:
287.020 1. The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada shall have the power to adopt and carry into effect a system of medical or hospital service, or a combination thereof, through nonprofit membership corporations defraying the cost of medical service or hospital care, or both, open to participation by all licentiates of the particular class (whether doctors of medicine, doctors of osteopathy or doctors of chiropractic) offering services through such a nonprofit membership corporation, for the benefit of such of their officers and employees as may elect to accept membership in such nonprofit corporation and who have authorized the governing body to make deductions from their compensation for the payment of membership dues.
2. A part, not to exceed 50 percent, of the cost of such membership dues may be defrayed by such governing body by contribution. The funds for such contributions shall be budgeted for in accordance with the laws governing such county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada.
κ1960 Statutes of Nevada, Page 77 (CHAPTER 73, AB 16)κ
funds for such contributions shall be budgeted for in accordance with the laws governing such county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada.
3. The power conferred in this section, with respect to the rendition of medical or hospital service, or a combination thereof, is coextensive with the power conferred in NRS 287.010 with respect to insurance companies.
Sec. 3. NRS 287.040 is hereby amended to read as follows:
287.040 Nothing contained in NRS 287.010 to 287.040, inclusive, shall be construed to make it compulsory upon any governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada to make any contributions for the payment of any premiums or other costs for group insurance or medical or hospital services, or upon any officer or employee of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of this state to accept or join any plan of group insurance or to assign his wages or salary or to authorize deductions from his wages or salary in payment of premiums therefor.
________
Assembly Bill No. 62Mr. Murphy
CHAPTER 74
AN ACT to amend NRS 247.290, relating to fees of county recorders in counties polling less than or in excess of 800 votes where such fees are not otherwise specifically provided for, by increasing the fee for certificates under seal from 75 cents to $1.00 in counties polling over 800 votes in the last general election.
[Approved March 1, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 247.290 is hereby amended to read as follows:
247.290 1. Except as provided in NRS 247.230, 247.240, 247.250, 247.260, 247.270 and 247.280, county recorders in counties wherein the total vote at the last general election did not exceed 800, and county recorders in counties wherein the total vote at the last general election exceeded 800, shall be allowed to charge and collect the following fees:
Counties Counties
polling polling
800 votes over 800
or less votes
For receiving, filing and entering documents required to be recorded $0.25............................................................................................... $0.15
For filing and entering any paper not to be recorded................... .50 .30
For making all necessary indexes to each paper filed or recorded, for each name to be indexed...................................................................... .50 .30
κ1960 Statutes of Nevada, Page 78 (CHAPTER 74, AB 62)κ
Counties Counties
polling polling
800 votes over 800
or less votes
For recording any instrument, paper or document, for each folio $0.30............................................................................................... $0.20
In counties polling over 800 votes that use the photostatic method of recording, in lieu of 20 cents per folio, the county recorder may charge by the page photostated at the following rate: 75 cents for the first page and 50 cents for each additional page or part of a page photostated.
For every certificate under seal.................................... $1.00 [$0.75] 1.00
For every entry of discharge or assignment of mortgage on the margin of the records.......................................................................................... .50 .25
For abstract of title, for each document embraced thereby......... 1.00 .75
For searching records and files, for each document necessarily examined ................................................................................................... .50 .25
For recording any survey or map other than a town plat, for each corner ................................................................................................... .50 .30
For recording town plat, for each lot or separate subdivision exhibited thereby.......................................................................................... .25 .20
For each folio of lettering or figuring thereon, or in the certificate and description of the same.................................................. 1.00 .50
For recording certificates of marriage, death, divorce or birth.... 1.00 .50
For taking acknowledgment, including certificate and seal, for the first signature....................................................................................... 1.00 .75
For each additional signature.............................................. .25 .25
For preparing the abstract of unsatisfied mortgages, when requested by the board of equalization, for each.................................................. .25 .25
2. County recorders in counties wherein the total vote at the last general election did not exceed 800 shall be allowed to charge and collect for a copy of any record or document in their offices the same fees as for recording. County recorders in counties wherein the total vote at the last general election exceeded 800 shall be allowed to charge and collect for copying of any document or record in their offices, for each folio, 20 cents.
3. All county recorders of the counties specified in this section shall be allowed to charge and collect for recording or copying any paper in a foreign language, double the fees as when in English.
4. No map or plat shall be recorded exceeding in size two folios of the usual size records.
5. No county recorder of any county specified in this section shall charge or collect any fees for any of the services herein specified rendered by him to the State of Nevada or the county, or any city or town within the county, or any officer thereof in his official capacity.
κ1960 Statutes of Nevada, Page 79 (CHAPTER 74, AB 62)κ
charge or collect any fees for any of the services herein specified rendered by him to the State of Nevada or the county, or any city or town within the county, or any officer thereof in his official capacity.
6. County recorders shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except fees which may be retained as compensation.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 78Committee on Banks, Banking and Corporations
CHAPTER 75
AN ACT to amend NRS section 350.140, relating to contents of bids to purchase bonds of municipal corporations, by authorizing a bidder for municipal bonds to make deposit of the requisite percentage of the bid by cashiers check.
[Approved March 1, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 350.140 is hereby amended to read as follows:
350.140 All bids shall:
1. Be in writing and be sealed.
2. Except any bid of the State of Nevada or any board or department thereof, if one is received, be accompanied by a deposit of 5 percent of the amount of the bid, either in cash or by cashiers check or certified check, which shall be returned if the bid is not accepted.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 111Mr. Ryan
CHAPTER 76
AN ACT to amend NRS sections 610.020 and 610.150, relating to apprenticeships and contents of apprentice agreements or indentures, by providing that an apprentice shall not be discriminated against with respect to employment because of race, color, creed or national origin; to amend chapter 610 of NRS, relating to apprenticeships, by adding a new section providing that any employer, association or organization which so discriminates against an apprentice shall be suspended for 1 year from participation in the apprenticeship program; and providing other matters properly relating thereto.
[Approved March 1, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 610.020 is hereby amended to read as follows:
610.020 The purposes of NRS 610.010 to 610.190, inclusive, are:
1. To open to young people, without regard to race, color, creed or national origin, the opportunity to obtain training that will equip them for profitable employment and citizenship.
κ1960 Statutes of Nevada, Page 80 (CHAPTER 76, AB 111)κ
2. To set up, as a means to this end, a program of voluntary apprenticeship under approved apprentice agreements providing facilities for their training and guidance in the arts and crafts of industry and trade, with parallel instruction in related and supplementary education.
3. To promote employment opportunities for young people, without regard to race, color, creed or national origin, under conditions providing adequate training and reasonable earnings.
4. To regulate the supply of skilled workers to employment demands.
5. To establish standards for apprentice training.
6. To establish a state apprenticeship council and local joint apprenticeship committees to assist in effectuating the purposes of NRS 610.010 to 610.190, inclusive.
7. To provide for a state director of apprenticeship.
8. To provide for reports to the legislature and to the public regarding the status of apprentice training in the state.
9. To establish a procedure for the determination of apprentice agreement controversies.
10. To accomplish related ends.
Sec. 2. NRS 610.150 is hereby amended to read as follows:
610.150 Every apprentice agreement or indenture entered into under NRS 610.010 to 610.190, inclusive, shall contain:
1. The names of the contracting parties.
2. The date of birth of the apprentice.
3. A statement of the trade, craft or business which the apprentice is to be taught, and the time at which the apprenticeship will begin and end.
4. A statement showing the number of hours to be spent by the apprentice in work and the number of hours to be spent in related and supplemental instruction, which instruction shall be not less than 144 hours per year; but in no case shall the combined weekly hours of work and of required related and supplemental instruction of the apprentice exceed the maximum number of hours of work prescribed by law for a person of the age and sex of the apprentice.
5. A statement setting forth a schedule of the processes in the trade or industry division in which the apprentice is to be taught and the approximate time to be spent at each process.
6. A statement of the graduated scale of wages to be paid the apprentice and whether compensation shall be paid for the required school time.
7. A statement providing for a period of probation of not more than 500 hours of employment and instruction extending over not more than 6 months, during which time any apprentice indenture shall be terminated by the local joint apprenticeship committee at the request, in writing, of either party to the indenture, and providing that after such probationary period the apprentice indenture may be terminated after due hearing of the case by the local joint apprenticeship committee subject to appeal to the state apprenticeship council.
8. A statement that no apprentice shall be discriminated against with respect to hire, advancement, compensation or other terms, conditions or privileges of employment because of race, color, creed or national origin.
κ1960 Statutes of Nevada, Page 81 (CHAPTER 76, AB 111)κ
with respect to hire, advancement, compensation or other terms, conditions or privileges of employment because of race, color, creed or national origin.
9. A provision that all controversies or differences concerning the apprentice agreement which cannot be adjusted locally shall be submitted to the state apprenticeship council for determination as provided in NRS 610.180.
[9.] 10. A provision that an employer who is unable to fulfill his obligation under the apprentice agreement may, with the approval of the local joint apprenticeship committee, transfer such contract to any other employer; provided:
(a) That the apprentice consents and that such other employer agrees to assume the obligations of the apprentice agreement; and
(b) That the local joint apprenticeship committee shall notify the state apprenticeship council of such action.
[10.] 11. Such additional terms and conditions as may be prescribed or approved by the state apprenticeship council not inconsistent with the provisions of NRS 610.010 to 610.190, inclusive.
Sec. 3. Chapter 610 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The state apprenticeship council shall, after notice and hearing of the matter as provided by NRS 610.180, suspend for 1 year the right of any employer, association of employers or organization of employees acting as agent for an employer to participate in the apprenticeship program under the provisions of chapter 610 of NRS if the state apprenticeship council finds that such employer, association or organization has discriminated against an apprentice because of race, color, creed or national origin in violation of subsection 8 of NRS 610.150.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 115Committee on Banks, Banking and Corporations
CHAPTER 77
AN ACT to amend NRS sections 387.440 and 387.635, relating to school district bonds, by authorizing a bidder for county school district bonds or joint school district bonds to deposit the requisite percentage of the bid by cashiers check.
[Approved March 1, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 387.440 is hereby amended to read as follows:
387.440 All bids shall:
1. Be in writing.
2. Be sealed.
3. Except any bid of the State of Nevada or any board or department thereof, if one is received, be accompanied by a deposit of 5 percent of the amount of the bid, either in cash or by cashiers check or certified check.
κ1960 Statutes of Nevada, Page 82 (CHAPTER 77, AB 115)κ
Sec. 2. NRS 387.635 is hereby amended to read as follows:
387.635 All bids shall:
1. Be in writing.
2. Be sealed.
3. Except any bid of the State of Nevada or any board or department thereof, if one is received, be accompanied by a deposit of 5 percent of the amount of the bid, either in cash or by cashiers check or certified check.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 155Messrs. Giomi, Knisley, Rowntree and Swackhamer
CHAPTER 78
AN ACT appropriating the sum of $15,000 from the general fund of the state for the purpose of the design and construction of a building in Reno, Nevada, for the state department of agriculture in which to house agricultural chemical trucks; providing where the building will be located; specifying the powers, duties and requirements of the state planning board; and providing other matters properly relating thereto.
[Approved March 1, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the support of the state planning board in carrying out the design and construction of a building to house agricultural chemical trucks of the state department of agriculture in Reno, Nevada, there is hereby appropriated from the general fund in the state treasury the sum of $15,000.
Sec. 2. The building shall be constructed on lands belonging to the State of Nevada in Reno, Nevada.
Sec. 3. The state planning board may employ competent architects, who in turn shall employ competent structural, mechanical and electrical engineers in preparing plans and specifications. The state planning board shall advertise, in a newspaper of general circulation in the State of Nevada, for separate sealed bids for the construction of the building herein designated. Approved plans and specifications shall be on file at a place and time stated in such advertisement for the inspection of contractors desiring to bid thereon and for others interested in the matter. The state planning board may accept bids on either the whole or on a part or parts of the construction, and may let a contract for the whole thereof, or separate contracts for different and separate portions thereof, or a combination contract for structural, mechanical and electric construction, if savings will result thereby, at its discretion, to the lowest qualified bidder thereon; but any and all bids may be rejected for any good reason. Each contract shall be approved by the attorney general before any such contract may be let.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 83κ
Assembly Bill No. 196Clark County Delegation
CHAPTER 79
AN ACT to amend NRS section 311.100, relating to boards of directors of water and sanitation districts, by increasing the compensation of each member of such boards from $60 to $180 per year.
[Approved March 1, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 311.100 is hereby amended to read as follows:
311.100 1. After taking oath and filing bonds, the board shall choose one of its members as chairman of the board and president of the district, and shall elect a secretary and a treasurer of the board and of the district, who may or may not be members of the board. The secretary and the treasurer may be one person. Such board shall adopt a seal and the secretary shall keep, in a well-bound book, a record of all of its proceedings, minutes of all meetings, certificates, contracts, bonds given by employees and all corporate acts, which shall be open to inspection of all owners of real property in the district as well as to all other interested persons.
2. The treasurer shall keep strict and accurate accounts of all money received by and disbursed for and on behalf of the district, in permanent records. He shall file with the county clerk, at the expense of the district, a corporate fidelity bond in an amount not less than $5,000, conditioned on the faithful performance of the duties of his office.
3. Each member of the board shall receive as compensation for his service a sum not in excess of [$60] $180 per year, payable monthly. No member of the board shall receive any compensation as an employee of the district or otherwise, other than that herein provided, and no member of the board shall be interested in any contract or transaction with the district, except in his official representative capacity.
4. The board of directors shall cause an audit to be made of all financial affairs of the district during each year ending November 30, which audit shall be made during the last month of each calendar year. A financial statement shall be certified by the person making such audit, which shall be published in a newspaper of general circulation in the district, in one issue during the first week of January following such audit. Such audit shall be made by a public accountant or certified public accountant, who is not otherwise employed by the district.
5. The court having jurisdiction of the district shall have the power to remove directors for cause shown, on petition, notice and hearing.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 84κ
Senate Bill No. 26Committee on Taxation
CHAPTER 80
AN ACT to amend chapter 362 of NRS, relating to taxes on patented mines and proceeds of mines, by allowing county assessors, with approval of the board of county commissioners, the district attorney and the Nevada tax commission, to remove the amount of, and the name of the person owing, taxes on the proceeds of unpatented mines, if it is impossible or impractical to collect such taxes; and by providing other matters properly relating thereto.
[Approved March 1, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 362 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. If at any time, in the opinion of the county assessor, it becomes impossible or impractical to collect any tax assessed on the proceeds of a mine other than a patented mine, the county assessor may apply to the board of county commissioners and the district attorney to have the amount of such tax and the name of the person against whom such tax its assessed removed from the tax records of such assessor.
2. If the board of county commissioners and the district attorney approve such application, such application shall be forwarded to the Nevada tax commission for their approval or disapproval. If the Nevada tax commission approves such application, the county assessor may remove such name and amount from his tax records.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 105Committee on Aviation, Transportation and Highways
CHAPTER 81
AN ACT to amend NRS sections 366.270, 366.330, 706.520, 706.560 to 706.580, inclusive, and 706.800, relating to special fuel users licenses and to motor vehicle carriers licenses and fees, by providing that a special fuel dealers license is valid until revoked; by placing motor vehicle carrier license fees and other fixed annual fees on a calendar-year basis; to repeal NRS section 706.570, relating to motor carrier license fees; and by providing other matters properly relating thereto.
[Approved March 1, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 366.270 is hereby amended to read as follows:
366.270 Whenever any person ceases to be a special fuel user within the state by reason of discontinuance, sale or transfer of the business of such person, such special fuel user shall:
1. Notify the department in writing at the time the discontinuance, sale or transfer takes effect. Such notice shall give the date of discontinuance and, in the event of a sale, the date thereof and the name and address of the purchaser or transferee thereof.
κ1960 Statutes of Nevada, Page 85 (CHAPTER 81, SB 105)κ
2. Make a report and pay all such taxes, interest and penalties and surrender to the department the license certificate theretofore issued to such special fuel user by the department.
3. Remove the special fuel vehicle permit from [the windshield of] the vehicle if the vehicle passes from his control.
Sec. 2. NRS 366.330 is hereby amended to read as follows:
366.330 1. Each special fuel dealers license shall be valid [for the calendar year unless] until revoked for cause or otherwise canceled.
2. No special fuel dealers license shall be transferable.
Sec. 3. NRS 706.520 is hereby amended to read as follows:
706.520 1. Every person operating motor vehicles in the carriage of persons or property for hire, or as a private carrier, shall, before commencing the operation thereof and annually thereafter, secure from the department a license for each and every such motor vehicle to be operated, and make payments therefor as provided in NRS 706.010 to 706.700, inclusive.
2. The license herein provided for shall be secured on or before [July] January 1 of each year and shall become delinquent on [July] January 1 of each year.
3. The license fee imposed by NRS 706.010 to 706.700, inclusive, shall be reduced one-twelfth for each month which shall have elapsed since the beginning of each [fiscal] calendar year, on all motor vehicles to be licensed after the end of [July] January of each year, except taxicabs, motor convoy carriers and private carriers of property who are eligible to secure the annual license for $25 as provided in NRS 706.010 to 706.700, inclusive.
4. On and after [January] July 1 of each year, taxicabs and private carriers of property who are eligible to secure the annual license for $25, as provided in NRS 706.010 to 706.700, inclusive, shall pay $12.50.
Sec. 4. NRS 706.560 is hereby amended to read as follows:
706.560 No motor convoy carrier shall act as such within this state without first having obtained a motor convoy carrier license. Every motor convoy carrier, before commencing operations in this state, and annually on or before [July] January 1 of each year thereafter, shall make application to the commission for a motor convoy carrier license. Such application shall be in writing, verified under oath, and contain a statement of the applicant electing between the methods of license fee payments hereinafter set forth. The application shall be accompanied by such proof of the status of the applicants operation and such other information as the commission may require. Upon receipt of the application and all supporting data which the commission may require, the commission shall approve the application and transmit the same to the department for issuance of an appropriate license upon payment of the proper fees by the applicant. The applicant may elect to be licensed on an annual basis or on a trip basis. If the applicant elects to be licensed on an annual basis, the department shall issue an appropriate form of license setting forth that the licensee has elected to pay license fees on an annual basis, and shall also issue to the applicant as many single, serially numbered license plates as he has applied for. The annual-basis license fee shall be $500, and the fee for each license plate issued thereunder shall be $30.
κ1960 Statutes of Nevada, Page 86 (CHAPTER 81, SB 105)κ
annual-basis license fee shall be $500, and the fee for each license plate issued thereunder shall be $30. Such license plates shall bear a distinguishing number identifying the licensee and shall be displayed upon each vehicle driven, towed or carried by the licensee in accordance with such regulations as the department may prescribe. Such license and license plates shall expire on [June 30] December 31 of each year and may not be transferred to or used by any other person. If the applicant elects to pay the license fees on a trip basis, the department shall issue an appropriate form of license setting forth that the licensee has elected to pay license fees on a trip basis, and shall also issue to the applicant a single, one-trip license sticker. The fee for issuance of such license and sticker shall be $8.25. The applicant may obtain additional one-trip license stickers upon payment of $8.25 for each such sticker issued, either at the time of issuance of his license or on each occasion that any vehicle is moved by him into or through this state. For each motor vehicle driven, towed or carried by any motor convoy carrier, or driven singly, as set forth in NRS 706.070, and which does not carry a motor convoy carrier license plate or one-trip license sticker issued pursuant to this subsection, a one-trip license sticker shall be secured upon payment of a flat fee of $8.25 which shall be paid by the person or persons engaged in such motor convoy carriage, for which fee the department shall issue for each motor vehicle driven, towed or carried by such motor convoy carrier, or driven singly, a distinctive one-trip license sticker setting forth that such motor vehicle may be driven, towed or carried, as the case may be, over and along the public highways of this state, from the point of entry into the state, or point of origin of such carriage within the state, to the destination within the state, or to the point of departure from the state. No such sticker shall be transferable from the motor vehicle for which issued to any other motor vehicle whatsoever, nor transferable from the motor convoy carrier to whom issued to any other person whomsoever. Such sticker shall be effective for the uses and purposes for which issued until the sale, exchange or delivery of the motor vehicle by the motor convoy carrier to another person; but such sticker shall not be effective beyond the current year in which issued.
2. No unladened weight license fee shall be assessed on any motor vehicle driven, towed or carried under the provisions of this section nor shall any other license plates be issued for any such motor vehicle by the department or its agents.
3. No registration plates, dealers plates, or any other license plates whatsoever, or any license or certificate, other than the sticker or license plate provided in this section, issued by this or any other state, shall be deemed or construed to permit any convoying of motor vehicles as defined in NRS 706.010 to 706.700, inclusive, nor shall such sticker or license plate be deemed or construed as a license for the operation of any motor vehicle used in the carrying of the motor vehicle for which the sticker or license plate was issued or is required.
4. Nothing contained in NRS 706.010 to 706.700, inclusive, shall be construed to prohibit a manufacturer or dealer within this state from delivering under a manufacturers or dealers license plate at any point within or without the state any motor vehicle sold or exchanged, or to be sold or exchanged, by him that theretofore was not acquired by such manufacturer or dealer under a motor convoy carrier license.
κ1960 Statutes of Nevada, Page 87 (CHAPTER 81, SB 105)κ
point within or without the state any motor vehicle sold or exchanged, or to be sold or exchanged, by him that theretofore was not acquired by such manufacturer or dealer under a motor convoy carrier license.
5. The provisions of this section shall not apply to vehicles transported by motor vehicles regularly licensed under the provisions of NRS 706.530 to 706.550, inclusive.
6. Every motor convoy carrier shall keep a written record of all vehicles driven, towed or carried by him into or through this state, which record shall be open to inspection by any agent or employee of the commission or the department. The commission and the department may require any motor convoy carrier to submit such periodic reports and supporting data as they may deem necessary with respect to vehicles driven, towed or carried by him into or through this state.
7. The commission and the department may revoke the license of or refuse to issue a license to any motor convoy carrier who fails or refuses to comply with the provisions of this section.
8. The commission and the department are authorized to adopt, amend and repeal such regulations and to institute such safeguards to insure payment of license fees as in their judgment are necessary to the proper enforcement of the provisions of this section.
Sec. 5. NRS 706.580 is hereby amended to read as follows:
706.580 1. A nonresident owner or operator of a vehicle coming within the provisions of NRS 706.010 to 706.700, inclusive, except motor convoy carriers, shall have the option, in lieu of causing such vehicle to be licensed under NRS 706.010 to 706.700, inclusive, and paying the annual license fees, of applying for a one-trip license to be issued forthwith upon payment of a fee equal to 5 percent of the annual license fee; but the minimum fee for such one-trip license shall not be less than $3 nor more than $30 per vehicle or combination of vehicles.
2. One-trip licenses shall authorize operation over the public highways of this state for a period of not more than 96 consecutive hours and shall permit one, but not more than one, round trip into or across the State of Nevada.
3. All such one-trip licenses shall be evidenced by stickers which shall be displayed on the windshield of the vehicle or otherwise, as specified by the department.
4. Any person electing to pay license fees on a one-trip license basis, upon first entering this state, and annually on or before [July] January 1 of each year thereafter, shall make application to the commission for permission to pay license fees on such basis. The application shall be accompanied by such proof of the status of the applicants operation and such other information as the commission may require. Upon receipt of the application and all supporting data which the commission may require, the commission shall approve the application and transmit the same to the department for issuance of an appropriate form of license setting forth that the licensee has elected to pay license fees on a trip basis.
5. Every person electing to pay license fees on a one-trip basis shall keep a written record of every trip made into or through this state, which record shall be open to inspection by any agent or employee of the commission or the department.
κ1960 Statutes of Nevada, Page 88 (CHAPTER 81, SB 105)κ
the commission or the department. The commission and the department may require any such person to submit such periodic reports and supporting data as they may deem necessary with respect to trips made into or through this state.
6. The commission and the department may revoke the license of or refuse to issue a license to any person who fails or refuses to comply with the provisions of this section.
7. The commission and the department are authorized to adopt, amend and repeal such regulations and to institute such safeguards to insure payment of license fees as in their judgment are necessary to the proper enforcement of the provisions of this section.
Sec. 6. NRS 706.800 is hereby amended to read as follows:
706.800 Each fee required to be paid by NRS 706.730 to 706.860, inclusive, shall be payable [at the same time and] to the same department as if NRS 706.730 to 706.860, inclusive, had not been adopted, except that the department of motor vehicles is hereby authorized to accept the registration fees for vehicles registering under the plan and issue such identification devices as are provided for in subsection 4 of NRS 706.780.
Sec. 7. Notwithstanding the provisions of chapters 482 and 706 of NRS or any other law, all fixed annual fees of whatever kind, except the service charge of $2 required by NRS 706.820, due on or before July 1, 1960, for motor vehicles licensed under the provisions of chapter 706 of NRS in connection with operation during the fiscal year beginning on July 1, 1960, shall be reduced by one-half, and all licenses obtained shall expire on December 31, 1960. Licensing and payments of fees for motor vehicles licensed under the provisions of chapter 706 of NRS shall thereafter be on the calendar-year basis.
Sec. 8. NRS 706.570 is hereby repealed.
Sec. 9. Sections 1 to 6, inclusive, of this act shall become effective on July 2, 1960. Sections 7 and 8 of this act shall become effective upon passage and approval.
________
Senate Bill No. 108Committee on Finance
CHAPTER 82
AN ACT to provide an additional and supplemental appropriation for the support of the state department of education for the fiscal year ending June 30, 1960, for the distributive school fund and public school teachers retirement.
[Approved March 1, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the fiscal year ending June 30, 1960, there is hereby appropriated from the general fund in the state treasury the sum of $840,000 for the support of the state department of education as an additional and supplemental appropriation to that allowed and made by section 32 of chapter 433, Statutes of Nevada 1959.
κ1960 Statutes of Nevada, Page 89 (CHAPTER 82, SB 108)κ
Sec. 2. The sum of $650,000 of the moneys appropriated by section 1 is allocated to the distributive school fund, and shall be used for no other purpose. The sum of $190,000 of the moneys appropriated by section 1 is allocated to public school teachers retirement, and shall be used for no other purpose.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 110Senator Lemaire
CHAPTER 83
AN ACT to amend an act entitled An Act fixing the compensation of the county officers of Lander county, Nevada, regulating the employment and compensation of deputies and other employees of said officers, and repealing all acts and parts of acts in conflict herewith, approved March 13, 1953, as amended.
[Approved March 1, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 4 of the above-entitled act, being chapter 96, Statutes of Nevada 1953, as last amended by chapter 94, Statutes of Nevada 1959, at page 97, is hereby amended to read as follows:
Section 4. The county recorder, as such, and as ex officio auditor, shall receive an annual salary of $5,280, and the fees allowed under the provisions of NRS 247.290, [and] 247.300 and 247.310. He shall perform all county work required in the office and extend the annual assessment roll without further compensation or charge against the county.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 131Messrs. Collins and Bay
CHAPTER 84
AN ACT to amend chapter 286 of NRS, relating to the public employees retirement system, by adding a new section authorizing civilian employees of the Nevada national guard to become members of such system; to amend NRS sections 287.050 and 287.190, relating to the participation of employees of the state and its political subdivisions in the federal old-age and survivors insurance system, by authorizing participation by civilian employees of the Nevada national guard in both the public employees retirement system and the federal old-age and survivors insurance system; and providing other matters properly relating thereto.
[Approved March 1, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 286 of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1960 Statutes of Nevada, Page 90 (CHAPTER 84, AB 131)κ
1. Notwithstanding the provisions of any other section of this chapter, the Nevada national guard shall be regarded as an employing agency of the State of Nevada for the purpose of membership of the civilian employees of the Nevada national guard in the system.
2. Except as provided in subsection 3, entrance of the Nevada national guard into the system shall be effected in the same manner and under the same conditions and costs which are applicable to political subdivisions of the State of Nevada.
3. Membership of such civilian employees of the Nevada national guard in the system may be retroactive at the option of the individual employee as provided in this subsection upon payment of all employer and employee contributions for prior service. Contributions for prior service may be paid as provided in NRS 286.440. Employees with 3 years of service but less than 6 years may elect retroactive membership for 3 years. Employees with 6 years of service but less than 9 years may elect retroactive membership for 3 or 6 years. Employees with 9 years of service by less than 12 years may elect retroactive membership for 3, 6 or 9 years. Employees with 12 or more years of service may elect retroactive membership for 3, 6, 9 or 12 years.
4. Contributions or payments required of employing agencies may be paid by the Federal Government if the Federal Government elects to do so. Failure or inability at any time to comply with the conditions applicable to other employer members shall void the membership of the Nevada national guard in the system, and service thereafter shall not be regarded as service toward retirement.
Sec. 2. NRS 287.050 is hereby amended to read as follows:
287.050 [In] 1. Except as otherwise provided in subsection 2, in order to extend to employees of the state and its political subdivisions, and to the dependents and survivors of such employees, the basic protection accorded to others by the old-age and survivors insurance system embodied in the Social Security Act, it is hereby declared to be the policy of the legislature, subject to the limitations of NRS 287.050 to 287.240, inclusive, that such steps be taken as to provide such protection to employees of the state and its political subdivisions who are in positions which are not eligible to participate in the public employees retirement system (chapter 286 of NRS) on as broad a basis as is permitted under the Social Security Act.
2. Nothing contained in NRS 287.050 to 287.240, inclusive, shall be construed to be in conflict with the provisions of chapter 286 of NRS which authorize participation of civilian employees of the Nevada national guard in the public employees retirement system.
Sec. 3. NRS 287.190 is hereby amended to read as follows:
287.190 [Service] 1. Except as otherwise provided in subsection 2, service of employees of the State of Nevada or of any political subdivision thereof in positions which are eligible to participate in the retirement system established pursuant to chapter 286 of NRS, as the same has been or hereafter may be amended, is specifically excluded from NRS 287.050 to 287.240, inclusive.
κ1960 Statutes of Nevada, Page 91 (CHAPTER 84, AB 131)κ
2. The provisions of subsection 1 do not apply to prohibit participation of civilian employees of the Nevada national guard in the public employees retirement system pursuant to law.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 170Messrs. Humphrey (Washoe), Dieleman, Bailey, Bunker, Christensen (Washoe), Gibson, Christensen (Clark), Crawford, Misses Herr and Frazier
CHAPTER 85
AN ACT to amend chapter 244 of NRS, relating to county government, by adding new sections providing for the election of five county commissioners in counties having 50,000 or more population; to amend NRS sections 244.010, 244.020, 244.025, 244.050, 403.020 and 450.140, relating to the number, qualifications and election of county commissioners, to commissioner districts and to members of boards of county highway commissioners and county boards of hospital trustees, by making changes necessitated by the addition of such new sections; to repeal NRS section 244.015, relating to the procedure for increasing the number of county commissioners; and providing other matters properly relating thereto.
[Approved March 3, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. In each county having a population of 50,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, five county commissioners shall be elected in the manner provided in sections 2 and 3 of this act.
2. Two county commissioners shall be elected from among the residents of the incorporated city within the county at which the county seat is located by the residents of such city.
3. One county commissioner shall be elected from among the residents of the other incorporated cities in the county by the residents of such cities.
4. One county commissioner shall be elected from among the residents of the unincorporated areas of the county by the residents of such areas.
5. One county commissioner shall be elected at large within the county.
Sec. 3. 1. Terms of county commissioners in counties having a population of 50,000 or more shall be as provided in this section.
2. At the general election in 1960 there shall be elected:
(a) One person who resides at the county seat and one person who resides in an unincorporated area of the county for terms of 2 years.
κ1960 Statutes of Nevada, Page 92 (CHAPTER 85, AB 170)κ
(b) One person who resides at the county seat and one person who resides in an incorporated city which is not the county seat for terms of 4 years.
3. At the general election in 1962 there shall be elected one person who resides at the county seat, one person who resides in an unincorporated area of the county and one person at large within the county for terms of 4 years.
4. Thereafter, at each general election, the office of county commissioner shall be filled for terms of 4 years in the order in which the terms of office expire.
Sec. 4. NRS 244.010 is hereby amended to read as follows:
244.010 Except as [otherwise provided by law,] provided in section 2 of this act, each board of county commissioners of the several counties shall consist of three members; and not more than three county commissioners shall be elected or appointed to such office in any county.
Sec. 5. NRS 244.020 is hereby amended to read as follows:
244.020 1. [County] Except as provided in section 2 of this act, county commissioners shall be qualified electors of their respective counties.
2. No county or township officer shall be eligible to the office of county commissioner.
Sec. 6. NRS 244.025 is hereby amended to read as follows:
244.025 1. County commissioners shall be elected by the qualified electors of their respective counties.
2. At the general election of the several counties in 1870, a board of county commissioners consisting of three members shall be elected.
3. At the general election in 1870, and at every general election held every 2 years thereafter, there shall be elected in each county one commissioner to serve upon the board of county commissioners for the term of 4 years; and a term of 4 years shall be known, both in this chapter and for the purpose of the election of county commissioners, as the long term; and the other commissioner or commissioners, as the case may be, necessary to fill the board, shall, at the election, be elected to serve upon the board for the term of 2 years.
4. This section shall not apply to counties having a population of 50,000 or more.
Sec. 7. NRS 244.050 is hereby amended to read as follows:
244.050 1. Whenever 20 percent or more of the persons registered to vote at the last preceding general election in any county in this state having less than 50,000 population shall petition the board of county commissioners of their county to that effect, the county commissioners of such county shall, on or before the 1st Monday in July preceding any general election, divide the county into three districts to be known as commissioner districts. Such division shall be made to conform to the established boundaries of election precincts or wards, and each election precinct or ward shall be wholly within one of the commissioner districts herein provided for. Each commissioner district shall embrace, as near as may be, one-third of the voting population of the county, to be determined by the vote cast at the last general election, and shall consist of adjoining precincts; but in case not more than three election precincts or wards exist in the county, then each election precinct or ward shall constitute a commissioner district.
κ1960 Statutes of Nevada, Page 93 (CHAPTER 85, AB 170)κ
election, and shall consist of adjoining precincts; but in case not more than three election precincts or wards exist in the county, then each election precinct or ward shall constitute a commissioner district.
2. The commissioner designated in the statute as the long-term commissioner shall represent the district in which he resided when elected, and at the general election in 1894, and every 2 years thereafter, there shall be elected a commissioner from each of the remaining districts, one for the long term and one for the short term, as now provided by law.
3. The board of county commissioners shall cause to be published in some newspaper in the county, if there be one, and if not, then by posting at the door of the courthouse and one or more conspicuous places in each of the commissioner districts, a notice specifying the election precincts or wards embraced in each of the commissioner districts so established. Such notice shall be posted or published for a period of not less than 20 days prior to each general election.
4. County commissioners shall be elected by the qualified electors of the commissioner district wherein they reside.
Sec. 8. NRS 403.020 is hereby amended to read as follows:
403.020 1. The board of county highway commissioners of each of the several counties shall consist of five members, or seven members if the number of county commissioners is [increased to] five. [in accordance with the provisions of NRS 244.015.] The board shall be composed of the regularly elected and qualified county commissioners, the county assessor, and the district attorney.
2. Members shall hold office until their successors are duly elected or appointed, and qualified.
Sec. 9. NRS 450.140 is hereby amended to read as follows:
450.140 1. The board of hospital trustees shall hold meetings at least once each month, and shall keep a complete record of all its transactions.
2. In counties where the county commissioners are not ex officio members of the board, three members of the board shall constitute a quorum for the transaction of business.
3. In counties where the county commissioners are ex officio members of the board, any five of the regular or ex officio members shall constitute a quorum for the transaction of business [if] unless the number of county commissioners [has not been increased to five pursuant to the provisions of NRS 244.015.] is five. If the number of county commissioners [has been increased to five in any county pursuant to the provisions of NRS 244.015,] is five, any six of the regular or ex officio members shall constitute a quorum for the transaction of business.
Sec. 10. Each county commissioner who is an incumbent in such office on the effective date of this act shall be entitled to serve the remainder of the term for which he was elected.
Sec. 11. Notwithstanding the provisions of section 2 of this act, until the 1960 federal decennial census is completed, population shall be determined according to the figures contained in the Bureau of the Census document designated Series P25, No.
κ1960 Statutes of Nevada, Page 94 (CHAPTER 85, AB 170)κ
Census document designated Series P25, No. 210, Current Population Estimate.
Sec. 12. NRS 244.015 is hereby repealed.
Sec. 13. This act shall become effective upon passage and approval.
________
Senate Bill No. 18Senator Dial
CHAPTER 86
AN ACT to amend NRS section 206.320, relating to unlawful removal of petrified wood, and NRS sections 381.020 to 381.170, inclusive, 381.190 and 381.195, relating to the Nevada state museum, by changing the name board of directors to board of trustees; by allowing the museum to prepare the natural history of Nevada and the Great Basin, and to create departments for natural history; by raising the salary of the museum director; by deleting the provision that the state planning board need not be consulted nor need it approve plans and specifications or construction authorized by the board of directors; and by providing other matters properly relating thereto.
[Approved March 3, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 206.320 is hereby amended to read as follows:
206.320 1. The board of [directors] trustees of the Nevada state museum shall have the power and authority, by itself or by its designated representative, to post or otherwise properly designate a petrified wood site deemed of sufficient importance to preserve in its natural state.
2. It shall be unlawful to disturb or remove from such site any petrified wood.
3. Any violation of this section is a misdemeanor.
4. The state park commission, and personnel thereof, the sheriffs, in their respective counties, and all other peace officers shall be charged with the enforcement of this section.
Sec. 2. NRS 381.020 is hereby amended to read as follows:
381.020 1. The general objects and powers of the Nevada state museum are to: [receive,]
(a) Receive, collect, exchange, preserve, house, care for, display and exhibit, particularly, but not exclusively, respecting the State of Nevada:
[(a)] (1) Samples of the useful and fine arts, sciences and industries, relics, products, works, records, rare and valuable articles and objects, including drawings, etchings, lithographs, paintings, statuary, sculpture, fabrics, furniture, implements, machines, geological and mineral specimens, precious, semiprecious and commercial minerals, metals, earths, gems and stones.
[(b)] (2) Books, papers, records and documents of historic, artistic, literary or industrial value or interest by reason of rarity, representative character or otherwise.
κ1960 Statutes of Nevada, Page 95 (CHAPTER 86, SB 18)κ
(b) Collect, gather and prepare the natural history of Nevada and the Great Basin; and,
(c) Establish such departments in archeology, anthropology, mineralogy, ethnology, orthonology and other scientific departments, as in the judgment of the trustees may be proper and necessary to carry out the objects and purposes appropriate to a museum.
2. The enumeration in subsection 1 is not exclusive of other general objects and purposes appropriate to a public museum.
3. The property may be received and collected from any and all appropriate property of the State of Nevada, or from accessions, gifts, exchanges, loans or purchases from any other agencies, persons or sources.
4. The property shall be housed, preserved, cared for and displayed or exhibited in the Nevada state museum to be located at Carson City, Nevada. Nothing in this subsection shall prevent the retention, placing, housing or exhibition of a portion of the property temporarily in other places or locations within or without the State of Nevada in the sole discretion of the board of [directors.] trustees.
Sec. 3. NRS 381.030 is hereby amended to read as follows:
381.030 The Nevada state museum shall be managed by a board of [directors.] trustees.
Sec. 4. NRS 381.040 is hereby amended to read as follows:
381.040 1. The board of [directors] trustees shall consist of [three or five members] not less than 5 nor more than 15 members who shall serve for terms of 4 years and until their respective successors are elected. Membership on the board shall be increased pursuant to bylaws adopted under NRS 381.110.
2. Upon the expiration of the term of any [director,] trustee, his successor shall be elected from the membership by an election to be held at the annual meeting of the members of the Nevada state museum.
Sec. 5. NRS 381.050 is hereby amended to read as follows:
381.050 If any vacancy in the board of [directors] trustees occurs by reason of death, resignation or otherwise, such vacancy shall be filled until the next annual meeting of the membership by the remaining members of the board of [directors.] trustees. Thereafter the remainder of the unexpired term shall be filled by election from the membership at the next ensuing annual meeting.
Sec. 6. NRS 381.060 is hereby amended to read as follows:
381.060 The board of [directors] trustees shall elect its own chairman and secretary from among the [directors.] trustees.
Sec. 7. NRS 381.070 is hereby amended to read as follows:
381.070 [Directors] Trustees shall serve without salary or other compensation as such, but they shall be reimbursed for their actual expenses and outlays paid or incurred in the performance of their duties.
Sec. 8. NRS 381.080 is hereby amended to read as follows:
381.080 The board of [directors] trustees shall have its office at Carson City, Nevada.
Sec. 9. NRS 381.090 is hereby amended to read as follows:
κ1960 Statutes of Nevada, Page 96 (CHAPTER 86, SB 18)κ
381.090 1. Funds to carry out the provisions of NRS 381.010 to 381.190, inclusive, shall be provided by legislative appropriation from the general fund, and shall be paid out on claims as other claims against the state are paid.
2. The board of [directors] trustees shall have the power to audit and approve all bills, claims and accounts respecting the Nevada state museum.
Sec. 10. NRS 381.100 is hereby amended to read as follows:
381.100 The board of [directors] trustees shall have the power and duty to manage and control the museum officers and the Nevada state museum so as to attain and carry out the purposes and objects of NRS 381.010 to 381.190, inclusive.
Sec. 11. NRS 381.110 is hereby amended to read as follows:
381.110 1. The board of [directors] trustees is authorized and directed to adopt a code of bylaws for the regulation and government of the Nevada state museum, consistent with all legislative enactments relating thereto.
2. The code of bylaws shall also provide for and define the qualifications for life, annual and sustaining memberships and the voting powers thereof.
Sec. 12. NRS 381.120 is hereby amended to read as follows:
381.120 1. The board of [directors] trustees shall have the power to employ and fix the duties, powers, compensations and conditions of employment of the director and all curators, assistants, janitors, laborers, guards and employees of the Nevada state museum.
2. The staff of the Nevada state museum shall be in the unclassified service of the state, but the custodial, clerical and maintenance employees of the museum shall be in the classified service.
Sec. 13. NRS 381.130 is hereby amended to read as follows:
381.130 The director of the Nevada state museum shall receive an annual salary [of $6,450.] of $7,260.
Sec. 14. NRS 381.140 is hereby amended to read as follows:
381.140 The board of [directors] trustees shall have the power:
1. To acquire, supervise, control, manage and operate the Nevada state museum mint building in Carson City, Nevada, and any other buildings or properties in this state which might be acquired by any means whatever.
2. To furnish, heat, light, remodel, repair, alter, erect and to supervise the furnishing, remodeling, repairing, alteration and erection of the mint premises and buildings or other premises and buildings which may be conveyed to or made available for the State of Nevada for museum purposes. To that end and subject to all existing laws except as provided in subsection 3, the board of [directors] trustees may make and obtain plans and specifications and let and supervise contracts for work or have the work done on force account or day labor, supplying material or labor, or otherwise as the board may see fit.
[3. The state planning board need not be consulted nor need it approve any such plans, specifications, repairs, additions, remodelings, alterations or other type of construction authorized by the board of directors.]
κ1960 Statutes of Nevada, Page 97 (CHAPTER 86, SB 18)κ
alterations or other type of construction authorized by the board of directors.]
Sec. 15. NRS 381.150 is hereby amended to read as follows:
381.150 The board of [directors] trustees shall have the power:
1. To receive and accept and obtain by exchange in the name of the State of Nevada all sums, donations and property donated or given in exchange to the State of Nevada or the Nevada state museum for the purposes of NRS 381.010 to 381.190, inclusive, and all property loaned for preservation, care, display or exhibit, or to decline and reject the same in its discretion, and to undertake to be responsible for all property loaned to the Nevada state museum or to make just payment of reasonable costs or rentals therefor.
2. To accept and apply all sums, donations and property, subject to the terms and conditions of the donor, and to apply and expend such sums, donations and property in accordance with such terms and conditions.
Sec. 16. NRS 381.160 is hereby amended to read as follows:
381.160 The board of [directors] trustees shall have the power:
1. To govern, manage and control the exhibit and display of all property and things of the Nevada state museum at other exhibits, expositions, worlds fairs and places of public or private exhibition.
2. To negotiate and consult with and agree with other institutions, departments, officers and persons or corporations of and in the State of Nevada and elsewhere respecting quarters for and the preservation, care, transportation, storing, custody, display and exhibit of articles and things controlled by the Nevada state museum and respecting the terms and cost thereof, the manner, time, place and extent thereof, and the return thereof.
3. To make rules respecting the charging of any admission price or fee to see such displays or exhibits, either at the Nevada state museum or elsewhere, but:
(a) No rule shall permit the charging of any admission fee or price beyond the necessary outlay for presenting the exhibit (excluding all overhead or capital charges or charges for permanent employees); and
(b) No rule shall permit the charging of any admission price or fee whatever to see the permanent exhibits or displays in the Nevada state museum at Carson City, Nevada.
Sec. 17. NRS 381.170 is hereby amended to read as follows:
381.170 1. Any property of the State of Nevada which may be placed on display or on exhibition at any worlds fair or exposition shall be taken into custody by the board of [directors] trustees at the conclusion of such worlds fair or exposition and placed and kept in the Nevada state museum, subject to being removed and again exhibited at the discretion of the board of [directors.] trustees.
2. The provisions of this section shall not apply to collections belonging to the Nevada historical society, the Lost City museum, or the University of Nevada. The board of regents of the University of Nevada shall control the university collection.
κ1960 Statutes of Nevada, Page 98 (CHAPTER 86, SB 18)κ
Sec. 18. NRS 381.190 is hereby amended to read as follows:
381.190 The board of [directors] trustees has the power to trade, exchange and transfer exhibits and duplicates thereof when the board deems it proper, and such transactions shall not be deemed sales.
Sec. 19. NRS 381.195 is hereby amended to read as follows:
381.195 As used in NRS 381.195 to 381.227, inclusive:
1. Board means the board of [directors] trustees of the Nevada state museum.
2. Historic means after the advent of the white man to Nevada.
3. Historic site means a site, landmark or monument of historical significance pertaining to the white mans history of Nevada, or Indian campgrounds, shelters, petroglyphs, pictographs and burials.
4. Person means any individual, partnership, society, institute, corporation or agents thereof.
5. Prehistoric means before the advent of the white man to Nevada.
6. Prehistoric site means an archeological or paleontological site, ruin, deposit, fossilized footprints and other impressions, petroglyphs and pictographs, habitation caves, rock shelters, natural caves and burials.
Sec. 20. This act shall become effective upon passage and approval.
________
Assembly Bill No. 86Washoe County Delegation
CHAPTER 87
AN ACT to repeal NRS section 111.360, relating to invalidity of conveyances to federal, state and local governments until the full share of the bonded indebtedness of the county has been paid; validating certain conveyances and instruments of conveyance; and providing other matters properly relating thereto.
[Approved March 3, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 111.360 is hereby repealed. All conveyances of real property and all instruments of conveyance heretofore made or made and recorded which do not or did not comply with the provisions of NRS 111.360, herein repealed, between March 30, 1959, and the effective date of this act, are hereby declared valid and validly recorded.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 99κ
Senate Bill No. 93Committee on Aviation, Transportation and Highways
CHAPTER 88
AN ACT to amend NRS sections 482.180, 482.260, 482.261, 482.263, 482.280 and 482.283, relating to the motor vehicle fund, collection of fees and taxes for motor vehicles, property tax exemptions and registration of motor vehicles, by providing that motor vehicles shall be taxed at the same rate as other personal property; by providing for commissions to the state and counties for collection of such taxes; by requiring registration through the office or agent of the department in the county of residence; by requiring county assessors to deliver motor vehicles registration records to the department of motor vehicles; by providing for the return of such records; and by providing other matters properly relating thereto.
[Approved March 7, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 482.180 is hereby amended to read as follows:
482.180 1. There is hereby created in the state treasury a fund which shall be known as the motor vehicle fund. The state treasurer shall deposit all money received by him from the department or otherwise under the provisions of this chapter in the motor vehicle fund.
2. Funds for the administration of the provisions of this chapter, except for the provisions relating to collection of personal property taxes on motor vehicles, shall be provided by direct legislative appropriation from the state highway fund, upon the presentation of budgets in the manner required by law. Out of such appropriation the department shall pay every item of expense, except expenses incurred in the collection of personal property taxes on motor vehicles, which may be properly charged against the department, including the salaries of the clerks employed in the department. Funds for the payment of all administrative expenses incurred in the collection of personal property taxes on motor vehicles shall be provided by direct legislative appropriation from the general fund in the state treasury. All claims for such expenses and salaries shall be certified to the state board of examiners and paid as other claims against the state are paid.
3. The department shall certify monthly to the state board of examiners the amount of personal property taxes collected for each county by the department and its agent during the preceding month, and such funds shall be paid monthly to each county assessor in the same manner as other claims against the state are paid. Each county assessor shall [apportion] distribute such funds as other receipts of personal property taxes are [apportioned, but the county shall not be entitled to reserve 6 percent of such funds as provided in NRS 361.530 as commission for collecting personal property taxes.] distributed. Notwithstanding the provisions of NRS 361.530, the county shall be entitled to reserve only 5 percent of such funds as commission to the county for assisting in the collection of such taxes, and shall remit 1 percent of such funds to the state treasurer for deposit in the general fund as commission to the state for collecting such taxes.
κ1960 Statutes of Nevada, Page 100 (CHAPTER 88, SB 93)κ
4. When the foregoing requirements have been met, the state controller shall transfer monthly to the state highway fund any balance in the motor vehicle fund.
Sec. 2. NRS 482.260 is hereby amended to read as follows:
482.260 1. The department and its agents in registering a vehicle shall:
(a) Collect the annual license fee as provided for in this chapter.
(b) Collect, as agent for the county in which the applicant resides, the personal property tax on the vehicle, whether or not the applicant is the owner of any real property.
(c) Issue to the applicant a temporary certificate of registration valid 15 days only and not renewable, or a certificate of registration, together with the regular license plate or plates.
2. The amount of the personal property tax collected at the time of registration shall be [4 percent of] determined by applying the tax rate applicable in the area in which the applicant resides to the assessed value of the vehicle based upon the schedule of values for assessment purposes fixed by the Nevada tax commission for that year.
3. Upon [the approval of the application by] proof of ownership satisfactory to the commissioner, he shall cause to be issued a certificate of ownership as provided in this chapter.
4. Any law of the State of Nevada to the contrary notwithstanding, a new or used motor vehicle being registered for the first time in Nevada shall be taxed pro rata on a monthly basis upon the amount of time remaining in the current registration year.
Sec. 3. NRS 482.261 is hereby amended to read as follows:
482.261 Any applicant for registration who wishes to apply any property tax exemption to which he is entitled to the personal property tax on the motor vehicle for which the application is filed shall support his claim of exemption by evidence satisfactory to the department [.] or its agent. The department [,] or its agent, if satisfied by such evidence, shall allow such exemption to the extent of all or part of the property tax due on such motor vehicle.
Sec. 4. NRS 482.263 is hereby amended to read as follows:
482.263 The department shall furnish monthly to each county assessor an alphabetical list, including all residence addresses, of all registrations made for applicants from the county of such county assessor together with the amount of personal property tax, if any, collected for each motor vehicle and the amount of exemption, if any, from such tax allowed.
Sec. 5. NRS 482.280 is hereby amended to read as follows:
482.280 1. Every vehicle registration under this chapter shall expire at midnight on June 30 each year. The department shall mail annually to each holder of a valid registration certificate an application form for renewal registration for the following year. Such forms shall be mailed by the department in sufficient time to allow [applicants to return the applications and] all applicants to mail the applications to the office or agent of the department in the counties in which they reside and to receive new registration certificates and license plates by mail prior to expiration of subsisting registrations.
κ1960 Statutes of Nevada, Page 101 (CHAPTER 88, SB 93)κ
they reside and to receive new registration certificates and license plates by mail prior to expiration of subsisting registrations. An applicant may, if he chooses, present the application in person to the agent or office of the department in the county in which he resides.
2. The department shall insert in each application form mailed as required by subsection 1 of this section the amount of personal property tax to be collected for the county under the provisions of NRS 482.260.
3. Such renewal shall take effect on July 1 of each year. The certificate of registration issued under this chapter shall be valid during the registration year only for which it was issued, and the certificate of ownership shall remain valid until canceled by the department upon a transfer of any interest shown therein and need not be renewed annually. Upon annual renewal, whenever the legal owner of a vehicle is other than the registered owner, the department shall notify such legal owner by mail of the registration number assigned to such vehicle for the ensuing year.
4. An owner who has made proper application for renewal of registration previous to July 1 but who has not received the number plate or plates or registration card for the ensuing year shall be entitled to operate or permit the operation of such vehicle upon the highways upon displaying thereon the number plate or plates issued for the preceding year for such time as may be prescribed by the department as it may find necessary for issuance of such new plate or plates or registration card.
5. Registration of a motor vehicle for a half year may be permitted if the applicant files with the department an affidavit showing that the motor vehicle has not in fact been operated on the highways in this state prior to January 1.
6. No fee shall be required for the month of June for a new car delivered in good faith during that month, and the department shall provide such new car with a temporary registration placard of a size which shall be plainly visible for a distance of 100 feet during daylight, such placard to be valid only during the month of June.
Sec. 6. NRS 482.283 is hereby amended to read as follows:
482.283 Each holder of a valid registration, upon changing his place of residence, shall notify the department of such change within 10 days thereof and shall include in such notice both the old and new [post office] residence addresses.
Sec. 7. Each county assessor shall, upon request of the department of motor vehicles, deliver to such department any records concerning registration of motor vehicles which may be requested by such department for use in establishing the system of motor vehicle registration provided for in chapter 482 of NRS. The department shall return such records to the county assessors after compiling the necessary information.
Sec. 8. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 102κ
Assembly Bill No. 88Messrs. Knisley, Bastian, Humphrey (Washoe), Bailey and Parks
CHAPTER 89
AN ACT to amend chapters 209, 210, 423 and 433 of NRS, and NRS sections 209.010, 209.090, 210.060 and 433.100, relating to the Nevada state prison, the Nevada school of industry, the Nevada state childrens home and the Nevada state hospital, and to the heads of such institutions, by providing that the heads of such institutions shall be entitled to the use of residences supplied by the state, certain appliances and utilities, and meals at the institutions when supervising personnel or inmates; by requiring the heads of such institutions to reside at the residences provided by the state; by allowing continued use and prohibiting replacement by the state of furnishings now in use in such residences; by providing that perquisites for employees and charges for services rendered to employees residing at such institutions shall be at the discretion of the governor; and by providing other matters properly relating thereto.
[Approved March 7, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 209.010 is hereby amended to read as follows:
209.010 As used in this chapter:
1. Board means the board of state prison commissioners as defined by section 21 of [Article] article V of the [Constitution] constitution of Nevada.
2. Warden means the warden of the Nevada state prison.
Sec. 2. NRS 209.090 is hereby amended to read as follows:
209.090 1. The governor shall appoint a warden of the state prison.
2. The warden shall take charge of the state prison promptly after his appointment, and shall hold office until his successor is appointed and qualified.
3. The warden shall be subject at all times to the order and direction of the board, and shall be the chief executive officer of [and reside at] the prison [.] and shall reside at the residence provided for in section 4 of this act.
Sec. 3. Chapter 209 of NRS is hereby amended by adding thereto the provisions set forth in sections 4 and 5 of this act.
Sec. 4. 1. In addition to the salary provided by NRS 209.110, the warden shall be entitled to:
(a) The use of a residence on the grounds of or near the state prison, which shall be maintained by the state.
(b) Heat, electricity and water for the residence.
(c) The use of an electric or gas cooking stove, a refrigerator and an automatic washing machine.
(d) Meals at the state prison without charge when supervising personnel or inmates.
(e) The services of convicts as household servants.
2. Any furnishings or appliances in use in the residence of the warden on the effective date of this act may be continued in use in the discretion of the warden, but no replacements of such appliances or furnishings, except the appliances referred to in subsection 1, may be made at state expense.
κ1960 Statutes of Nevada, Page 103 (CHAPTER 89, AB 88)κ
or furnishings, except the appliances referred to in subsection 1, may be made at state expense.
3. The warden shall receive no perquisites except those provided for in this section.
Sec. 5. 1. If the warden finds that it is necessary or desirable that any officer or employee reside at the prison, perquisites granted to such persons or charges for services rendered to such persons shall be at the discretion of the governor.
2. The governor shall notify the legislature annually of the existing charges and perquisites.
Sec. 6. NRS 210.060 is hereby amended to read as follows:
210.060 1. The superintendent of the school shall be selected on the basis of merit under the provisions of chapter 284 of NRS, and shall be in the classified service of the state, except for the purposes of removal. He shall be appointed by and be responsible to the governor, and he shall serve at the pleasure of the governor.
2. He shall reside [on the school grounds in quarters to be furnished by the school.] at the residence provided for in section 8 of this act.
3. He shall receive the per diem expense allowance and travel expenses as fixed by law.
Sec. 7. Chapter 210 of NRS is hereby amended by adding thereto the provisions set forth in sections 8 and 9 of this act.
Sec. 8. 1. In addition to his salary, the superintendent shall be entitled to:
(a) The use of a residence on the grounds of or near the school, which shall be maintained by the state.
(b) Heat, electricity and water for the residence.
(c) The use of an electric or gas cooking stove, a refrigerator and an automatic washing machine.
(d) Meals at the school without charge when supervising personnel or inmates.
2. Any furnishings or appliances in use in the residence of the superintendent on the effective date of this act may be continued in use in the discretion of the superintendent, but no replacements of such appliances or furnishings, except the appliances referred to in subsection 1, may be made at state expense.
3. The superintendent shall receive no perquisites except those provided for in this section.
Sec. 9. 1. If the superintendent finds that it is necessary or desirable that any employee reside at the school, perquisites granted to such person or charges for services rendered to such person shall be at the discretion of the governor.
2. The governor shall notify the legislature annually of the existing charges and perquisites.
Sec. 10. Chapter 423 of NRS is hereby amended by adding thereto the provisions set forth in sections 11 and 12 of this act.
Sec. 11. 1. In addition to the salary provided by NRS 423.060, the superintendent shall be entitled to:
κ1960 Statutes of Nevada, Page 104 (CHAPTER 89, AB 88)κ
(a) The use of a residence on the grounds of or near the Nevada state childrens home, which shall be maintained by the state. The superintendent shall reside at such residence.
(b) Heat, electricity and water for the residence.
(c) The use of an electric or gas cooking stove, a refrigerator and an automatic washing machine.
(d) Meals at the Nevada state childrens home without charge when supervising personnel or children.
2. Any furnishings or appliances in use in the residence of the superintendent on the effective date of this act may be continued in use in the discretion of the superintendent, but no replacements of such appliances or furnishings, except the appliances referred to in section 1, may be made at state expense.
3. The superintendent shall receive no perquisites except those provided for in this section.
Sec. 12. 1. If the superintendent finds that it is necessary or desirable that any employee reside at the Nevada state childrens home, perquisites granted to such persons or charges for services rendered to such persons shall be at the discretion of the governor.
2. The governor shall notify the legislature annually of the existing charges and perquisites.
Sec. 13. NRS 433.100 is hereby amended to read as follows:
433.100 1. The superintendent shall devote his entire time to the duties of his position, and shall follow no other gainful employment or occupation.
2. He shall reside [on the hospital grounds in quarters to be furnished by the hospital.] at the residence provided for in section 15 of this act.
3. Except as otherwise provided by law, his only compensation shall be an annual salary which shall be fixed in accordance with the pay plan adopted [by the state merit and personnel system.] under the provisions of chapter 284 of NRS.
[4.] 3. The superintendent shall receive the per diem expense allowance and travel expenses as fixed by law. [, and shall be allowed the use of the laundry facilities at the hospital.]
Sec. 14. Chapter 433 of NRS is hereby amended by adding thereto the provisions set forth as sections 15 and 16 of this act.
Sec. 15. 1. In addition to his salary, the superintendent shall be entitled to:
(a) The use of a residence on the grounds of or near the hospital, which shall be maintained by the state.
(b) Heat, electricity and water for the residence.
(c) The use of an electric or gas cooking stove, a refrigerator and an automatic washing machine.
(d) Meals at the hospital without charge when supervising personnel or inmates.
2. Any furnishings or appliances in use in the residence of the superintendent on the effective date of this act may be continued in use in the discretion of the superintendent, but no replacements of such appliances or furnishings, except the appliances referred to in subsection 1, may be made at state expense.
κ1960 Statutes of Nevada, Page 105 (CHAPTER 89, AB 88)κ
appliances or furnishings, except the appliances referred to in subsection 1, may be made at state expense.
3. The superintendent shall receive no perquisites except those provided for in this section.
Sec. 16. 1. If the superintendent finds that it is necessary or desirable that any employee reside at the hospital, perquisites granted to such persons or charges for services rendered to such persons shall be at the discretion of the governor.
2. The governor shall notify the legislature annually of the existing charges and perquisites.
________
Senate Bill No. 128Senator Seevers
CHAPTER 90
AN ACT authorizing the board of county commissioners of Mineral County, Nevada, acting as the town board of the unincorporated town of Hawthorne, Mineral County, Nevada, to use all or a part of any moneys received in lieu of a franchise tax pursuant to the provisions of chapter 45, Statutes of Nevada 1921, as amended, from the Mineral County power system for the payment of the city of Hawthorne paving bonds and interest thereon, which bonds were issued pursuant to the provisions of chapter 186, Statutes of Nevada 1953.
[Approved March 7, 1960]
Whereas, Pursuant to the provisions of chapter 186, Statutes of Nevada 1953, the city council of the city of Hawthorne, Mineral County, Nevada, issued and sold certain bonds designated as the city of Hawthorne paving bonds; and
Whereas, Pursuant to law, the city of Hawthorne, Mineral County, Nevada, was disincorporated in April 1, 1956, and such paving bonds then outstanding thereupon became the obligations of the unincorporated town of Hawthorne; and
Whereas, By the provisions of section 19 of chapter 45, Statutes of Nevada 1921, as last amended by chapter 5, Statutes of Nevada 1960, certain moneys in lieu of a franchise tax will be paid to the unincorporated town of Hawthorne, Nevada, by the Mineral County power system; and
Whereas, The use of all or a portion of such receipts from the Mineral County power system for the payment of the city of Hawthorne paving bonds and interest thereon should be authorized by law in order to relieve the taxpayers within the limits of the unincorporated town of Hawthorne from paying burdensome taxes which are required to be levied and collected pursuant to the provisions of section 5 of chapter 186, Statutes of Nevada 1953; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The board of county commissioners of Mineral County, State of Nevada, acting as the town board of the unincorporated town of Hawthorne in such county and state, may, in their discretion, use all or a portion thereof of any moneys received by such unincorporated town in lieu of a franchise tax from the Mineral County power system, pursuant to the provisions of section 19 of chapter 45, Statutes of Nevada 1921, as last amended by chapter 5, Statutes of Nevada 1960, for the payment of the city of Hawthorne paving bonds and the interest thereon, which bonds were issued and sold pursuant to the provisions of chapter 186, Statutes of Nevada 1953.
κ1960 Statutes of Nevada, Page 106 (CHAPTER 90, SB 128)κ
of Hawthorne in such county and state, may, in their discretion, use all or a portion thereof of any moneys received by such unincorporated town in lieu of a franchise tax from the Mineral County power system, pursuant to the provisions of section 19 of chapter 45, Statutes of Nevada 1921, as last amended by chapter 5, Statutes of Nevada 1960, for the payment of the city of Hawthorne paving bonds and the interest thereon, which bonds were issued and sold pursuant to the provisions of chapter 186, Statutes of Nevada 1953.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 107Committee on Finance
CHAPTER 91
AN ACT to amend NRS section 331.105, relating to the central mailing room for state agencies, by excepting outgoing parcel post of the statute revision commission, other than interoffice mail, from mailing through the central mailing room.
[Approved March 7, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 331.105 is hereby amended to read as follows:
331.105 1. The superintendent shall establish and conduct a central mailing room for all state officers, departments and agencies located at Carson City, Nevada, and supported in whole or in part by legislative appropriation from the general fund in the state treasury.
2. Any state officer, department or agency not supported in whole or in part by legislative appropriation from the general fund in the state treasury may use the central mailing room facilities if such state officer, department or agency pays the cost of such use as determined by the superintendent. Moneys collected from such state officers, departments or agencies for use of the central mailing room facilities shall be deposited in the general fund in the state treasury.
3. The staff of the central mailing room shall deliver incoming mail and pick up and process outgoing mail, except outgoing parcel post from the statute revision commission, other than interoffice mail, of all state officers, departments and agencies using the central mailing room facilities.
4. Funds to carry out the provisions of this section shall be provided by direct legislative appropriation from the general fund in the state treasury.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 107κ
Senate Bill No. 45Committee on Public Health
CHAPTER 92
AN ACT to amend chapter 443 of NRS, relating to tuberculosis, by establishing the tuberculosis care program, by defining terms, by providing for eligibility for care, for contract services, for personnel, financing and administration of the program, for regulations by the state board of health, and by providing other matters properly relating thereto; and to repeal NRS sections 443.010 to 443.080, inclusive, relating to tuberculosis.
[Approved March 7, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 443 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 14, inclusive, of this act.
Sec. 2. As used in this chapter, the terms defined in sections 3 to 6, inclusive, shall have the meanings ascribed to them in such sections.
Sec. 3. Board means the state board of health.
Sec. 4. Department means the state department of health.
Sec. 5. Director means the medical director of the tuberculosis care program.
Sec. 6. Patient means a person who comes within the provisions of section 11 of this act.
Sec. 7. The board shall adopt regulations for the purpose of carrying out the provisions of this chapter.
Sec. 8. Subject to the provisions of chapter 284 of NRS, the department shall employ a director who shall administer the tuberculosis care program which is hereby established.
Sec. 9. The director shall:
1. Be a physician who holds the degree of doctor of medicine and is licensed to practice medicine in the State of Nevada.
2. Devote full time to his duties and engage in no other occupation or profession.
Sec. 10. 1. Subject to the provisions of chapter 284 of NRS, the department may employ, to assist the director, necessary professional and clerical personnel.
2. The department may contract for the part-time services of professional personnel to assist the director in carrying out the provisions of this chapter.
Sec. 11. 1. Every person who, under the regulations of the board, is found to be infected with active tuberculosis, and to constitute a threat to the health and safety of the public, or who is suspected of being so infected, shall be cared for at public expense, if he produces a written statement subscribed and sworn to or affirmed before a notary public declaring that he is unable to pay for medical or hospital care.
2. The cost of such care shall be paid by the department from moneys provided by direct legislative appropriation.
Sec. 12. 1. The department shall, by contract with hospitals or other institutions having adequate facilities in the State of Nevada, provide for diagnostic examination and in-patient and out-patient care of patients.
κ1960 Statutes of Nevada, Page 108 (CHAPTER 92, SB 45)κ
provide for diagnostic examination and in-patient and out-patient care of patients.
2. Whenever adequate facilities are not available in the State of Nevada, the department may contract with hospitals in other states which have adequate facilities for such care.
Sec. 13. Every person confined to a hospital or other institution under the provisions of this chapter shall be treated for tuberculosis and for any condition related thereto, and may be treated for any nontuberculous condition which the department determines to be a deterrent to the health of the patient and the effective control of tuberculosis.
Sec. 14. The department may contract with private physicians to provide out-patient care for patients in outlying areas whom it determines can best be treated in this manner.
Sec. 15. NRS 443.010 to 443.080, inclusive, are hereby repealed.
________
Senate Bill No. 40Senators McGowan and Dial (by request)
CHAPTER 93
AN ACT to amend NRS section 590.575, relating to licenses issued by the liquefied petroleum gas board, by increasing fees for certain such licenses.
[Approved March 8, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 590.575 is hereby amended to read as follows:
590.575 For the purpose of administering the provisions of NRS 590.465 to 590.645, inclusive, and in determining the applicable application and license fees to be remitted, the board may classify any person, firm or corporation and may charge them the fees as follows:
1. Class 1. A fully licensed dealer shall be classified as one who is engaged in the business of installing equipment for the use of LPG and who sells, fills, refills, delivers, or is permitted to deliver any LPG, and the fees payable by class 1 businesses are:
(a) Application fee of $25.
(b) Annual license fee of [$85.] $170.
2. Class 2. A business engaged in the sale, transportation and exchange of cylinders, but not transporting or transferring gas in liquid bulk, and the fees payable by class 2 businesses are:
(a) Application fee of $15.
(b) Annual license fee of [$10.] $20.
3. Class 3. A business not engaged in the sale of LPG, but engaged in the sale and installation of gas-consuming appliances, piping, apparatuses, fixtures and connections, and the fees payable by class 3 businesses are:
(a) Application fee of $15.
(b) Annual license fee of [$10.] $20.
κ1960 Statutes of Nevada, Page 109 (CHAPTER 93, SB 40)κ
4. Class 4. Those businesses not specifically falling within classifications 1, 2 and 3 shall, at the discretion of the board, be issued special licenses, and the fees payable for the special licenses by class 4 businesses are:
(a) Application fee of $15.
(b) Annual license fee of $35.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 105Committee on Banks, Banking and Corporations
CHAPTER 94
AN ACT to amend Title 8 of NRS, relating to commercial transactions, by creating a new chapter relating to private bulk grain storage; defining terms; providing penalties; establishing requirements for sale of grain without delivery; providing for notices of sale; establishing duties of sellers of grain; and providing other matters properly relating thereto.
[Approved March 8, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 8 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 14, inclusive, of this act.
Sec. 2. This chapter may be cited as the Private Bulk Grain Storage Law.
Sec. 3. As used in this chapter, unless the context requires otherwise:
1. Bill of sale means a written instrument, conforming to the requirements of this chapter, which evidences a transfer of grain.
2. Buyer means a purchaser of grain which is thereafter stored in private bulk storage, and includes the assigns and successors in interest of such buyer.
3. Grain includes barley, corn, flax, hay, grain sorghums, oats, rice, rye and wheat.
4. Private bulk storage means the storage of grain in storage facilities after sale of such grain by a seller.
5. Seller means a producer of grain who continues to store grain after sale thereof by him in storage facilities owned, operated or controlled by him.
6. Storage facilities means any bin, building, elevator, protected enclosure or other structure owned, operated or controlled by the seller of the grain stored therein.
Sec. 4. Each seller shall print the words Private Bulk Storage Only together with a designating number in a conspicuous place on all his storage facilities, which words and number shall be maintained thereon while grain is kept in private bulk storage therein.
Sec. 5. Grain in private bulk storage facilities may be sold pursuant to the provisions of this chapter by bill of sale without delivery notwithstanding any provision of law requiring delivery or actual and continued change of possession.
κ1960 Statutes of Nevada, Page 110 (CHAPTER 94, AB 105)κ
notwithstanding any provision of law requiring delivery or actual and continued change of possession.
Sec. 6. Upon the sale of grain which is to remain in private bulk storage, the seller shall execute and deliver to the buyer a bill of sale which shall contain the following:
1. The date and place of the sale.
2. The names of the seller and the buyer.
3. A statement of the estimated quantity and type of grain sold.
4. A statement of the location and designating numbers of the storage facilities in which the grain is stored.
5. A statement of the price per unit of the grain sold and the amount received by the seller.
Sec. 7. The bill of sale may contain other provisions, including:
1. A provision that the total price is based upon the estimated weight of the grain sold and may be adjusted in accordance with the outturn weight.
2. A statement that the buyer may have free use of the designated storage facilities until a specified date, and that any extension of time beyond such date granted by the seller must be endorsed under the signature of the seller on the bill of sale.
3. A statement that the seller has the right to extend to the buyer the use of designated storage facilities.
4. A statement that actual possession of the grain by the buyer is to be taken on board trucks at the storage facility, or on railroad cars, or in the storage facility or as may be agreed upon.
5. A statement that if actual possession is not taken within the time specified, due to any cause not the fault of the seller, the seller may consign the same at the expense and risk of the buyer to a specified destination.
Sec. 8. The execution and delivery of a bill of sale by the seller passes the sellers title to the buyer, and such title passes to the assignees of the buyer upon endorsement and delivery of the bill of sale.
Sec. 9. 1. Upon the execution and delivery of any such bill of sale, the seller shall immediately post upon the storage facilities containing the grain a notice in substantially the following form:
Notice of Sale
On this day of , 19 , grain in this storage facility numbered . ., estimated to be ..bushels of (designating the type of grain) was transferred and sold as follows:
Name of seller.........................................................................................................
Name of original buyer..........................................................................................
Address of seller....................................................................................................
Address of buyer...................................................................................................
Grain to be removed by buyer on or before................................................. , 19.......
(If the time is extended, such fact and the date to which such time is extended shall be included on the notice.)
κ1960 Statutes of Nevada, Page 111 (CHAPTER 94, AB 105)κ
2. Such notice shall be maintained by the seller in a conspicuous place on the storage facility at all times during which the grain sold is stored therein.
Sec. 10. No delivery may be made of any portion of the grain so privately stored unless the bill of sale therefor is presented to the seller or other person in charge of the storage facility, and the quantity of such grain is plainly endorsed upon the bill of sale. The provisions of this section do not apply to a consignment of the grain by the seller to the buyer upon the expiration of the time for delivery specified in the bill of sale.
Sec. 11. The presentment of the bill of sale by the holder thereof to the seller creates a presumption that the person presenting it is entitled to delivery of the grain described therein unless the seller has knowledge of facts or circumstances sufficient to place him on notice that the possession of the instrument by such person is unlawful.
Sec. 12. If any grain in private bulk storage is not removed or delivered on or before the original date of delivery specified in the bill of sale and the notice of sale, the seller may continue to store such grain to the order of the buyer upon such terms as may be agreed upon.
Sec. 13. The storage of grain pursuant to the provisions of this chapter does not constitute the storer a warehouseman or storer of goods for hire, and no storage facility constitutes a warehouse or public place of storage.
Sec. 14. 1. A seller who willfully fails to comply with the requirements of notice and posting as provided for in sections 4 and 9 of this chapter is guilty of a misdemeanor.
2. No sale of grain may be invalidated by reason of any irregularity in connection with such notice or posting.
Sec. 15. This act shall become effective upon passage and approval.
________
Assembly Bill No. 107Messrs. Monaghan, Knisley and Pozzi
CHAPTER 95
AN ACT to amend NRS 284.110, relating to the personnel administration fund of the department of personnel, by increasing such fund from $20,000 to $35,000, and appropriating $15,000 for such fund.
[Approved March 8, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 284.110 is hereby amended to read as follows:
284.110 1. A nonreverting working capital fund in the sum of [$20,000] $35,000 to be known as the personnel administration fund is hereby created.
2. The department is authorized and directed to accept on behalf of the state and to deposit in the personnel administration fund any grant or contribution, federal or otherwise, made to assist in meeting the cost of carrying out the purposes of this chapter.
κ1960 Statutes of Nevada, Page 112 (CHAPTER 95, AB 107)κ
of the state and to deposit in the personnel administration fund any grant or contribution, federal or otherwise, made to assist in meeting the cost of carrying out the purposes of this chapter.
3. All moneys received by the department from the Federal Government or from any other source shall be deposited in the personnel administration fund, and shall be paid out on claims against the fund as other claims against the state are paid.
4. All claims against the personnel administration fund shall be approved by the director before they are paid.
Sec. 2. There is hereby appropriated from the general fund in the state treasury the sum of $15,000 to the personnel administration fund, to be used as provided in NRS 284.110.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 125Messrs. Bissett and Monaghan
CHAPTER 96
AN ACT to amend NRS section 239.110, relating to destruction of records of county clerks, by allowing the microfilming and destruction of district court minutes and of affidavits supporting applications for marriage licenses; to amend chapter 239 of NRS, relating to public records, by providing for the admissibility in evidence of microfilm copies of such minutes and affidavits, and by providing other matters properly relating thereto.
[Approved March 8, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 239.110 is hereby amended to read as follows:
239.110 Notwithstanding any other provision of law relating to the destruction of court records or other records in the office of a county clerk, the county clerk may cause to be destroyed all documents, records, instruments, books, papers, depositions and transcripts, in any action or proceeding in the district court, or otherwise filed in his office pursuant to law; provided:
1. That 10 years have elapsed since the date of the filing of the last paper therein and the records of the county clerk do not show that the action or proceeding is pending on appeal or review in any court, except that: [transcripts]
(a) Transcripts of coroners inquests, depositions and, when the written consent of the district attorney is first obtained, transcripts of preliminary hearings may be destroyed as provided in this section, when 5 years have elapsed since the filing thereof in the office of the county clerk and the action or proceeding in which they were filed is not pending or on appeal in any court [.] ; and
(b) Minutes of the district court, after they have been signed or approved by the district judge, and affidavits supporting applications for marriage licenses, after such licenses have been issued, may be destroyed immediately subject to the provisions of subsections 2 and 3.
κ1960 Statutes of Nevada, Page 113 (CHAPTER 96, AB 125)κ
2. That the county clerk maintains for the use of the public a microphotographic film print or copy of each document, record, instrument, book, paper, deposition or transcript so destroyed, if the print or copy is placed and kept in a sealed container under certificate of the county clerk and properly indexed.
3. That the county clerk promptly seals and stores at least one original negative of each microphotographic film in such manner and place as reasonably to assure its preservation indefinitely against loss, theft, defacement or destruction.
Sec. 2. Chapter 239 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Microphotographic film prints or copies of any record microphotographed, as provided in NRS 239.110, shall have the same force and effect as the original thereof would have had and shall be treated as originals for the purpose of their admissibility in evidence.
2. Duly certified or authenticated copies of such microphotographs shall be admitted in evidence equally with the original microphotographs.
________
Assembly Bill No. 128Mr. Evans
CHAPTER 97
AN ACT to amend chapter 321 of NRS, relating to state lands, by providing that the state land register shall examine applications by the state, its agencies and political subdivisions to lease or purchase public lands pursuant to the Public and Recreational Purposes Act of 1926, as amended, declaring legislative intent; requiring the state land register to keep records of such applications, and to adopt regulations; and providing other matters properly relating thereto.
[Approved March 8, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 321 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. The intent of the legislature in the enactment of this act is to provide an orderly procedure for the processing of applications by the state, its agencies and political subdivisions for lease or purchase of public lands pursuant to the provisions of the Public and Recreational Purposes Act of 1926, 44 Stat. 741, as amended, and to aid both the applicant and the Bureau of Land Management by requiring the state land register to examine into the propriety and correctness of such applications prior to their being filed with the Bureau of Land Management.
Sec. 3. All applications to the Bureau of Land Management by the state, its agencies and political subdivisions to lease or purchase lands pursuant to the provisions of the Public and Recreational Purposes Act of 1926, as amended, shall be filed with the state land register, who shall:
κ1960 Statutes of Nevada, Page 114 (CHAPTER 97, AB 128)κ
1. Examine such applications and determine whether they are in proper form, contain the required information and are accompanied by the required fees; and
2. Determine from the records of the Bureau of Land Management whether the lands to be leased or purchased are subject to disposition under such act.
Sec. 4. The state land register shall keep an inventory of all such applications filed and a current record of the status of such applications with the Bureau of Land Management, which inventory and record shall include all such applications filed prior to the effective date of this act.
Sec. 5. The state land register shall adopt regulations to effectuate the purposes of this act.
Sec. 6. This act shall become effective upon passage and approval.
________
Assembly Bill No. 139Clark County Delegation
CHAPTER 98
AN ACT to amend chapter 268 of NRS, relating to duties of incorporated cities, by adding new sections providing for the continued levy and collection of business license taxes levied in previously unincorporated areas after such areas are incorporated if the proceeds of such taxes are pledged for the payment of county fair and recreation board bonds; and providing other matters properly relating thereto.
[Approved March 8, 1960]
Whereas, Pursuant to NRS 244.335, as amended by chapter 197, Statutes of Nevada 1959, the board of county commissioners of each of the several counties of the State of Nevada has the power and jurisdiction in the county:
(1) To regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in their respective counties, outside of the limits of incorporated cities and towns; and
(2) To fix, impose and collect a license tax for revenue or for regulation, or for both revenue and regulation, on such trades, callings, industries, occupations, professions and business; and
Whereas, Pursuant to NRS 244.640 to 244.780, inclusive, a board of county commissioners of any county having a population of more than 30,000, according to the last United States decennial census, is authorized to create a county fair and recreation board for acquiring the recreational facilities and exercising the powers in connection therewith as provided in these sections, including but not limited to the power to issue bonds to defray the cost of any such acquisition; and
Whereas, Pursuant to subsection 2 of NRS 244.730, such bonds of the county issued by such a county fair and recreation board may be general obligation bonds the payment of which is additionally secured by a pledge of the revenues determined from the operation of the recreational facilities and, if so determined by the board, further secured by a pledge of such other funds as may be legally made available for their payment, as, for example, such license taxes; and
κ1960 Statutes of Nevada, Page 115 (CHAPTER 98, AB 139)κ
by a pledge of the revenues determined from the operation of the recreational facilities and, if so determined by the board, further secured by a pledge of such other funds as may be legally made available for their payment, as, for example, such license taxes; and
Whereas, It is hereby declared to be against the public policy of the State of Nevada to permit any such trade, calling, industry, occupation, profession or business, which is located outside the limits of incorporated cities and towns and against which such a tax has been levied and the proceeds therefrom have been pledged for the payment of such bonds, to avoid the payment of such tax at a later time after the issuance of such bonds so additionally secured by incorporating as a city or town such area and thereby to diminish the revenues pledged as additional security for the payment of such bonds; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 268 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. Any license tax levied by any county against any lawful trade, calling, industry, occupation, profession or business conducted in the county and located in an unincorporated area therein, the proceeds of which tax have been pledged for the payment of any bonds issued pursuant to the provisions of NRS 244.640 to 244.780, inclusive, and all laws amendatory thereto and supplemental thereto, shall, upon the incorporation of such area as a city or town, continue to be levied thereagainst and shall be collected by the officer of such newly incorporated city or town charged by law with the collection of its license taxes, and the proceeds therefrom shall be transmitted to the county officer then required by law to collect such a county license tax, so long as any of such county bonds so additionally secured and issued prior to the incorporation of such area remain outstanding and unpaid, both as to principal and interest.
Sec. 3. The city so collecting such a county license tax may retain from time to time the amounts equal to the reasonable costs of so collecting such tax not exceeding for any collection period an amount equal to 10 percent of the gross revenues collected therefrom.
Sec. 4. Each such city or town is hereby charged with the duty of effecting the enforcement of the provisions of sections 2 to 7, inclusive, of this act, and is hereby authorized and empowered to prescribe, adopt and enforce rules and regulations relating to the administration and enforcement thereof. The municipality may employ such accountants, auditors, investigators, assistants and clerks as it may deem necessary for the efficient administration of such sections, and may fix their compensation and provide for their necessary expenses.
Sec. 5. The municipality shall cause to be kept proper records of all license taxes which become due or which are collected, or both, including, without limiting the generality of the foregoing, records of delinquent taxes, interest thereon and penalties therefrom, which records shall be deemed confidential and shall not be revealed in whole or in part to anyone except in the necessary administration of sections 2 to 7, inclusive, of this act or as otherwise provided by law.
κ1960 Statutes of Nevada, Page 116 (CHAPTER 98, AB 139)κ
or in part to anyone except in the necessary administration of sections 2 to 7, inclusive, of this act or as otherwise provided by law.
Sec. 6. The municipality shall promptly effect the collection of all such delinquent taxes in the manner provided by law for the collection of municipal license taxes.
Sec. 7. The municipality or its duly authorized agents are hereby empowered to examine the books, papers and records of any person in interest.
Sec. 8. If any section, paragraph, clause or provision of this act shall for any reason be held to be invalid or unenforcible, the invalidity or unenforcibility of such section, paragraph, clause or provisions shall not affect any of the remaining provisions of this act.
Sec. 9. This act shall become effective upon passage and approval.
________
Assembly Bill No. 158Washoe County Delegation
CHAPTER 99
AN ACT authorizing Washoe County, State of Nevada, to enlarge, repair, reconstruct, improve, extend or better the county courthouse, to equip and furnish the same and to acquire suitable grounds therefor; concerning the issuance of bonds therefor in not to exceed the aggregate principal amount of $500,000 and the levy of taxes in connection therewith; prescribing other details and conditions concerning such bonds and such taxes; and concerning other matters properly relating thereto.
[Approved March 8, 1960]
Whereas, Pursuant to the provisions of section 1 of chapter 30, Statutes of Nevada 1957, the board of county commissioners of Washoe County, State of Nevada, was authorized and empowered to establish, construct, otherwise acquire, reconstruct, improve, extend or better either a county courthouse or jail, or both, and improvements incidental thereto, to equip and furnish the same, to acquire a suitable site or grounds therefor, and to issue general obligation bonds therefor in not to exceed the aggregate principal amount of $2,000,000; and
Whereas, Pursuant to the provisions of section 2 of chapter 30, Statutes of Nevada 1957, the qualified electors of the county, by an election, authorized the issuance of such general obligation bonds to defray the cost of such building or buildings, incidental improvements, equipment, furnishings, sites and grounds; and
Whereas, Approximately $1,400,000 of the $2,000,000 proceeds from the sale of such authorized general obligation bonds will be expended for the establishment, construction and improvement of a jail, thus leaving approximately $600,000 available for the enlargement, repair and reconstruction of the county courthouse; and
κ1960 Statutes of Nevada, Page 117 (CHAPTER 99, AB 158)κ
Whereas, The cost of the proposed enlargement, repair and reconstruction of the county courthouse will be $1,100,000, thus necessitating the issuance of an additional $500,000 of general obligation bonds by the board of county commissioners; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The board of county commissioners of Washoe County, State of Nevada, is hereby authorized and empowered, in addition to powers elsewhere conferred upon the board, to enlarge, repair, reconstruct, improve, extend or better the county courthouse, to equip and furnish the same, and to acquire a suitable site or grounds therefor, and to defray the cost thereof in part by the issuance of general obligation bonds in not to exceed the aggregate principal amount of $500,000. (Such building, incidental improvements, equipment, furnishings, sites and grounds are hereinafter sometimes designated as the facilities.)
Sec. 2. Each series of bonds shall be authorized by ordinance. The bonds shall be of convenient denominations, shall be negotiable in form, but may provide for their registration for payment either as to principal alone, or as to both principal and interest, shall be issued in one or more series, shall mature serially in regular numerical order at annual or other designated intervals, and in substantially equal amounts of principal, or in substantially equal amounts of principal and interest, insofar as practicable, but the first or last installment of principal, or both, may be for greater or lesser amounts than required by either of the aforesaid limitations, or at the option of the board of county commissioners, the bonds may mature serially without limitation as to the manner they mature, commencing not later than 3 years from the date of the bonds and ending not more than 20 years therefrom, and shall bear interest at a rate or rates of not more than 5 percent per annum, the interest on each bond to be payable annually or semiannually, except that the first coupon on any bond may represent interest for any period not in excess of 1 year. The bonds shall be made payable in lawful money of the United States of America, at such place or places within or without the State of Nevada, as may be provided by the board; and the ordinance authorizing the issuance of any series may provide for the redemption of any or all of the bonds prior to maturity, upon such terms, in such order, and upon the payment of such premium, if any, as the board may determine and state therein. The bonds, unless they be registered for payment as to principal and interest, shall have interest coupons attached in such manner that they can be removed upon the payment of the installments of interest without injury to the bonds. Each coupon shall be consecutively numbered and shall bear the number of the bond to which it is attached. The bonds and coupons shall be signed by the chairman of the board of county commissioners and countersigned by the county treasurer; and the bonds shall also be signed and attested by the county clerk with the official seal of the county affixed thereto.
κ1960 Statutes of Nevada, Page 118 (CHAPTER 99, AB 158)κ
county clerk with the official seal of the county affixed thereto. Facsimile signatures of the chairman and county treasurer may be used on the coupons. The bonds shall otherwise be in such form and shall be printed at such place, within or without the State of Nevada, as may be determined by the board.
Sec. 3. The board of county commissioners is hereby authorized to sell such bonds at one time, or from time to time, as the board may determine, at public sale in accordance with NRS 350.120 to 350.160, inclusive, or at private sale, and for not less than the principal amount thereof and accrued interest to the date of delivery. No discount or commission shall be allowed or paid on or for any such sale to any purchaser or bidder, directly or indirectly, provided, that the board may employ legal, fiscal, engineering and other expert services in connection with the facilities to the acquired as herein authorized and in connection with the authorization, issuance and sale of the bonds.
Sec. 4. The general obligation bonds authorized to be issued under the provisions of this act shall be payable from general (ad valorem) taxes levied against all the taxable property in the county, including the net proceeds of mines. Insofar as legally possible, within the limitations of section 2 of article 10 of the constitution of the State of Nevada, the bonds shall be payable both as to principal and interest from taxes, fully sufficient for that purpose, to be levied on all such taxable property within the boundaries of the county, and without regard to any statutory limitations now or hereafter existing. It shall be the duty of the board, and of any other body as may be charged with the duty of levying taxes therein, annually in due season to provide for the levy of taxes fully sufficient, after making due allowances of probable delinquencies, to assure the prompt payment of all such principal and interest as the same becomes due. In any year in which the total taxes levied against the property in the county by all overlapping units therein may exceed the limitation of 5 cents on the dollar imposed by section 2 of article 10 of the constitution of the State of Nevada, and it shall become necessary by reason thereof to reduce the levies made by any or all such units, the reductions so made shall be in taxes levied by such unit or units for purposes other than the payment of their bonded indebtedness, and the taxes levied for the payment of such bonded indebtedness shall always enjoy a priority over taxes levied by each such unit for all other purposes where reduction is necessary in order to comply with the limitations of section 2 of article 10. Nothing herein contained shall be so construed as to prevent the county from applying other funds that may be in the treasury and available for that purpose to the payment of the interest and principal as the same respectively mature, and upon such payments the levy or levies therefor provided may thereupon to that extent be diminished.
Sec. 5. The ordinance or ordinances providing for the issuance of such bonds may state that the bonds may contain a recital that they are issued pursuant to this act, which recital shall be conclusive evidence of their validity and the regularity of their issuance.
κ1960 Statutes of Nevada, Page 119 (CHAPTER 99, AB 158)κ
Sec. 6. This act, without reference to other statutes of the state, shall constitute full authority for the authorization and issuance of bonds hereunder, except as herein otherwise specifically provided. No other act or law with regard to the authorization or issuance of bonds that in any way impedes or restricts the carrying out of the acts herein authorized to be done shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto. The powers conferred by this act shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this act shall not affect the powers conferred by, any other law. No part of this act shall repeal or affect any other law or part thereof, it being intended that this act shall provide a separate method of accomplishing its objectives, and not an exclusive one.
Sec. 7. Bonds issued under the provisions of this act, their transfer, and the income therefrom, shall forever be and remain free and exempt from taxation by the State of Nevada or any subdivision thereof.
Sec. 8. It shall be legal for the State of Nevada and any of its agencies, departments or political subdivisions, or any political or public corporation, or any instrumentality of the State of Nevada, to invest funds or moneys in their custody in any of the bonds authorized to be issued pursuant to the provisions of this act.
Sec. 9. This being necessary to secure and preserve the public health, safety, convenience and welfare of the people of the State of Nevada, it shall be liberally construed to effect its purpose.
Sec. 10. If any section, paragraph, clause or provision of this act shall for any reason be held to be invalid or unenforcible, the invalidity or unenforcibility of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this act.
Sec. 11. This act shall become effective upon passage and approval.
________
Assembly Bill No. 164Messrs. Crawford and Christensen (Washoe)
CHAPTER 100
AN ACT to amend chapter 202 of NRS, relating to crimes against public health and safety, by providing that the operation or maintenance of any shoe-fitting device which uses fluoroscopic, X-ray or radiation principles, constitutes a misdemeanor.
[Approved March 8, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 202 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. No person may operate or maintain any shoe-fitting device or shoe-fitting machine which uses fluoroscopic, X-ray or radiation principles.
2. Any person violating the provisions of this section shall be guilty of a misdemeanor.
________
κ1960 Statutes of Nevada, Page 120κ
Assembly Bill No. 166Messrs. Gibson, Bastian and Knisley
CHAPTER 101
AN ACT to amend chapter 353 of NRS, relating to state financial administration, by creating a new provision establishing the state board of examiners emergency fund; permitting the expenditures of funds for emergency purposes and for payment of salaries of state replacement personnel; requiring the submission of an annual report; appropriating money for such fund; to repeal NRS sections 353.265 and 353.267, relating to expenditure of unappropriated moneys for emergency purposes and for payment of salaries of replacement personnel; and providing other matters properly relating thereto.
[Approved March 8, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 353 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. There is hereby created in the state treasury a fund to be known as the state board of examiners emergency fund. Moneys for such fund shall be provided by direct legislative appropriation.
2. The state board of examiners emergency fund shall be a continuing fund and none of the moneys in such fund shall revert to the general fund at any time.
3. When the state board of examiners finds, after diligent inquiry and examination, that an extreme emergency exists, such board may declare the existence of such an emergency and authorize the expenditure of sums not exceeding $50,000 from the state board of examiners emergency fund.
4. When the state board of examiners finds, after diligent inquiry and examination, that:
(a) As a result of the payment of terminal leave pay or sick leave pay to any state officer or employee, sufficient appropriated money does not remain available to permit the payment of salaries when due to a person to be appointed or employed to replace the officer or employee who is on sick leave or whose employment has been terminated; and
(b) The appointment or employment of such replacement is necessary in the best interests of the state,
the state board of examiners may, with the approval of the legislative auditor, authorize the expenditure of sums not exceeding $2,000 from the state board of examiners emergency fund for payment of salaries when due to each person so appointed or employed as a replacement for the person to whom such terminal leave pay or sick leave pay was paid or is payable.
5. The state board of examiners shall annually file a report with the president of the senate and the speaker of the assembly enumerating the expenditures authorized by the board of examiners under the provisions of this section.
Sec. 2. There is hereby appropriated from the general fund in the state treasury the sum of $100,000 to the state board of examiners emergency fund.
κ1960 Statutes of Nevada, Page 121 (CHAPTER 101, AB 166)κ
state treasury the sum of $100,000 to the state board of examiners emergency fund.
Sec. 3. NRS 353.265 and 353.267 are hereby repealed.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 193Messrs. Knisley and Monaghan
CHAPTER 102
AN ACT transferring moneys in obsolete or inactive funds to the general fund in the state treasury.
[Approved March 8, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Any moneys remaining in any fund created pursuant to the provisions of chapter 347, Statutes of Nevada 1955, are hereby transferred to the general fund in the state treasury.
Sec. 2. Any moneys remaining in any fund created pursuant to the provisions of chapter 272, Statutes of Nevada 1957, are hereby transferred to the general fund in the state treasury.
Sec. 3. Any moneys remaining in any fund created pursuant to the provisions of section 6 of chapter 275, Statutes of Nevada 1957, are hereby transferred to the general fund in the state treasury.
Sec. 4. Any moneys remaining in any fund created pursuant to section 14 of chapter 275, Statutes of Nevada 1957, in connection with archive storage at Carson City, Nevada, are hereby transferred to the general fund in the state treasury.
Sec. 5. This act shall become effective upon passage and approval.
________
Assembly Bill No. 198Committee on Labor
CHAPTER 103
AN ACT to amend NRS section 612.180, which defines the word state for the purposes of the unemployment compensation law, by deleting an obsolete reference to the territories of Alaska and Hawaii.
[Approved March 8, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 612.180 is hereby amended to read as follows:
612.180 State includes, in addition to the states of the United States of America, [Alaska, Hawaii and] the District of Columbia.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 122κ
Assembly Bill No. 209Messrs. Gibson, Evans, Christensen (Clark) and Pozzi
CHAPTER 104
AN ACT authorizing and directing the state controller to transfer funds from the state welfare department foster home care fund to the child welfare fund.
[Approved March 8, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state controller is hereby authorized and directed to transfer from the foster home care fund (fund code number 35831 in the office of the state controller) to the child welfare fund (fund code number 36031 in the office of the state controller) the sum of $3,000.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 211Mr. Berrum (by request)
CHAPTER 105
AN ACT to amend an act entitled An Act fixing the salaries and compensation of certain officers of Douglas county, Nevada, providing for the appointment and salaries of deputy sheriffs and other matters properly relating thereto, and repealing all acts and parts of acts in conflict therewith, approved March 21, 1953, as amended.
[Approved March 8, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1 of the above-entitled act, being chapter 183, Statutes of Nevada 1953, as last amended by chapter 251, Statutes of Nevada 1959, at page 302, is hereby amended to read as follows:
Section 1. The following-named officers of Douglas County, Nevada, shall receive, in full payment for all services rendered by them, the following salaries:
The sheriff shall receive the sum of [$5,400] $6,000 per annum, and mileage at the rate of 10 cents per mile when traveling by private conveyance in the performance of his official duties in the county. Said sheriff may, with the consent and approval of the board of county commissioners, appoint one or more deputies, and each deputy shall receive such salary, not less than $350 or more than $400 per month, based on the length of service, and mileage, as may be fixed by the board of county commissioners. Said salaries shall be in full payment for all services performed by said sheriff and deputies.
Sec. 2. Section 5 of the above-entitled act, being chapter 183, Statutes of Nevada 1953, as last amended by chapter 251, Statutes of Nevada 1959, at page 303, is hereby amended to read as follows:
κ1960 Statutes of Nevada, Page 123 (CHAPTER 105, AB 211)κ
Section 5. The district attorney shall receive the sum of [$5,400] $6,000 per annum. Said salary shall be in full payment for all services now required by law to be performed by the district attorney, and for all traveling and mileage expenses of such officer in the discharge of his official duties within the county. The said district attorney shall prosecute all criminal cases and attend the trials of the same at any place in Douglas County, and also attend to and be the legal advisor for said county.
Sec. 3. This act shall become effective on the first day of the first month following its passage and approval.
________
Assembly Bill No. 215Committee on Ways and Means
CHAPTER 106
AN ACT to amend NRS section 284.350, relating to annual and sick leave of state officers and employees, by providing that no state elected officer shall be paid for accumulated annual leave upon termination of his service.
[Approved March 8, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 284.350 is hereby amended to read as follows:
284.350 1. All employees in the public service, whether in the classified or unclassified service, shall be entitled to annual leave with pay of not less than 1 1/4 working days for each full calendar month of service, which may be cumulative from year to year not to exceed 30 working days.
2. If an employee dies and was entitled to accumulated annual leave under the provisions of this chapter, the heirs of the deceased employee who are given priority to succeed to his assets under the laws of intestate succession of this state, or the executor or administrator of his estate, upon submitting satisfactory proof to the director of their entitlement, shall be paid an amount of money equal to the number of days of earned or accrued annual leave multiplied by the daily salary or wages of such deceased employee.
3. No elected state officer shall be paid for accumulated annual leave upon termination of his service.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 124κ
Assembly Bill No. 229Messrs. Christensen (Washoe) and Crosby
CHAPTER 107
AN ACT to amend an act entitled An Act to incorporate the city of Sparks, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, and repealing all acts and parts of acts in conflict herewith, approved March 28, 1949, as amended.
[Approved March 8, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 3.06 of Article III of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as last amended by chapter 463, Statutes of Nevada 1959, at page 813, is hereby amended to read as follows:
Section 3.06. The style of all ordinances shall be as follows:
The City Council of the City of Sparks do ordain, and all proposed ordinances when first proposed shall be read by title to the city council and referred to a committee for consideration, after which an adequate number of copies of the ordinance shall be filed with the city clerk for public distribution, and notice of such filing shall be published once in a newspaper published in the city of Sparks, if any there be, otherwise in some newspaper published in the county and having a general circulation in the city, at least 1 week prior to the adoption of the ordinance, or the ordinance as amended, within 30 days from the date of such publication. In cases of emergency, by unanimous consent of the whole council, final action may be taken immediately or at a special meeting called for that purpose, and no notice of the filing of copies of the ordinance with the city clerk need be published. At the next regular meeting or adjourned meeting of the council following the proposal of an ordinance and its reference to committee, such committee shall report such ordinance back to the council, and thereafter it shall be read in full as first introduced, or if amended, as amended, and thereupon the proposed ordinance shall be finally voted upon or action thereon postponed. All ordinances shall be signed by the mayor, attested by the city clerk, and be published in full, together with the names of the councilmen voting for or against their passage, in a newspaper published in the city of Sparks, if any there be, otherwise in some newspaper published in the county and having a general circulation in the city, for at least one publication in such newspaper, before the same shall go into effect; provided, that whenever a revision is made and the revised ordinances are published in book or pamphlet form by authority of the city council, no further publication shall be deemed necessary. The city clerk shall record all ordinances in a book kept for that purpose, together with the affidavits of publication by the publisher and the book or a certified copy of the ordinances therein recorded, under the seal of the city, shall be received as prima facie evidence in all courts and places without further proof, or if published in book or pamphlet form, by authority of the city council, they shall be so received.
κ1960 Statutes of Nevada, Page 125 (CHAPTER 107, AB 229)κ
pamphlet form, by authority of the city council, they shall be so received.
The council shall have the power to revise, codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the council, have incorporated therein the charter of the city and such additional data as the council may prescribe. When such a publication is published, two copies shall be filed with the state librarian of the state library, and thereafter the same shall be received in all courts of this state as an authorized revision and codification of the municipal ordinances and a compilation of the charter of the city of Sparks. The ordinances in such code shall be arranged in appropriate chapters, articles, and sections, excluding the titles, enacting clauses, signatures of the mayor, attestations and other formal parts. Such revision and codification shall be adopted by an ordinance and the only title necessary for such ordinance shall be An ordinance for revising, codifying and compiling the general ordinances of the city of Sparks. Such municipal code may, by ordinance regularly passed, adopted and published, be amended or extended.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 25Senator Brown
CHAPTER 108
AN ACT to amend NRS section 228.190, relating to the power of the attorney general to intervene in certain proceedings, by authorizing him to intervene or appear in actions or proceedings involving construction of dams, powerplants or other structures which affect the interests of Nevada; by ratifying any intervention or appearance made by the attorney general of the kind authorized by this act prior to its effective date; and by providing other matters properly relating thereto.
[Approved March 8, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 228.190 is hereby amended to read as follows:
228.190 1. The attorney general, in the name of the state, is authorized to intervene [in any] or to appear in:
(a) Any action or proceeding at law or in equity which may now or hereafter be pending, when it is necessary for or incident to the purpose of establishing and determining the rights of the State of Nevada, or the residents thereof, in and to:
[(a)] (1) The waters of all interstate streams located partly in Nevada, where such waters or a part thereof are claimed by any other state or the citizens thereof.
[(b)] (2) The public lands, and to the waters therein and thereunder, located in the State of Nevada.
(b) Any action or proceeding, judicial or administrative, relative to the construction of any dam, powerplant or other structure on any stream located either wholly or partly in Nevada or wholly or partly in any other state, for the purpose of flood control, irrigation, power, or for any other purpose, when it is necessary for or incident to establishing and determining the rights of the State of Nevada or the residents thereof.
κ1960 Statutes of Nevada, Page 126 (CHAPTER 108, SB 25)κ
stream located either wholly or partly in Nevada or wholly or partly in any other state, for the purpose of flood control, irrigation, power, or for any other purpose, when it is necessary for or incident to establishing and determining the rights of the State of Nevada or the residents thereof. Any intervention or appearance of the attorney general of the kind authorized by this paragraph which occurred prior to the effective date of this act is hereby authorized, ratified, confirmed and approved.
2. The attorney general shall not obligate the state in any intervention or appearance for any costs or expenses.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 112Committee on Aviation, Transportation and Highways
CHAPTER 109
AN ACT to amend NRS sections 482.200, 482.215, 482.220, 482.240, 482.270, 482.320, 482.325, 482.330, 482.385, 482.399, 482.400, 482.410, 482.490, 482.515 and 706.680, relating to registration and licensing of motor vehicles and to manufacturer and dealer license plates, by providing that all applications for registration except renewal registration shall be made to the office or agent of the department of motor vehicles in the county in which the applicant resides; by providing for the issuance, number, cost and use of manufacturer and dealer license plates and limited use permits; by providing for special license plates for loaned vehicles; by providing for regulations by the department of motor vehicles and for reciprocity agreements concerning dealer license plates; by requiring proof of ownership, inspection fees and a count of unused license plates; by providing for the payment of property taxes; and by providing penalties; to amend chapter 482 of NRS by adding new sections allowing registration of vehicles by dealers without payment of property taxes, exempting certain vehicles from property taxes while held for sale, providing for special limited use motor vehicle permits and requiring proof of ownership upon transfer; placing former employees of county assessors who enter the employ of the department of motor vehicles in the classified service; to repeal NRS sections 482.405 and 482.495, relating to transfers of vehicles to dealers and to transfer fees; and providing other matters properly relating thereto.
[Approved March 8, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 482.200 is hereby amended to read as follows:
482.200 All unused, unsold and confiscated motor vehicle license plates of the previous [years] issue shall be destroyed or disposed of by the department [.] after the legislative auditor shall have caused a count of such plates.
Sec. 2. NRS 482.215 is hereby amended to read as follows:
482.215 1. All applications for registration, except applications for renewal registration, [and transfer of registration,] shall be made as provided in this section.
2. [Except as provided in subsection 3, applications for registration of motor vehicles which are to be registered for the first time in the State of Nevada] Applications for all registrations, except renewal registrations, shall be made in person to the office or agent of the department in the county in which the applicant resides.
κ1960 Statutes of Nevada, Page 127 (CHAPTER 109, SB 112)κ
the State of Nevada] Applications for all registrations, except renewal registrations, shall be made in person to the office or agent of the department in the county in which the applicant resides.
3. [The department may establish by regulation a procedure by which a purchaser of a new or used motor vehicle may apply for registration or transfer of registration through the dealer from whom such motor vehicle is purchased, and may provide for the issuance of a temporary registration certificate and license plate or plates pending approval of such application and mailing of a permanent certificate and license plate by the department. Any such procedure adopted shall include collection of the personal property tax, if any, on such motor vehicle for the county in which the purchaser resides.
4.] Each application shall be made upon the appropriate form furnished by the department and shall contain:
(a) The signature of the owner.
(b) His residence address.
(c) A brief description of the vehicle to be registered, including the name of the maker, the engine, identification or serial number, whether new or used, and the last license number, if known, and the state in which issued, and upon the registration of a new vehicle, the date of sale by the manufacturer or franchised and licensed dealer in this state for the make to be registered to the person first purchasing or operating such vehicle.
[5.] 4. The application shall contain such other information as may be required by the department [.] , and shall be accompanied by proof of ownership satisfactory to the department.
Sec. 3. NRS 482.220 is hereby amended to read as follows:
482.220 1. If the vehicle to be registered shall be a specially constructed, reconstructed or foreign vehicle, such fact shall be stated in the application; and with reference to every foreign vehicle which has been registered theretofore outside of this state, the owner shall exhibit to the department the certificate of title and registration card or other evidence of such former registration as may be in the applicants possession or control or such other evidence as will satisfy the department that the applicant is the lawful owner or possessor of the vehicle.
2. Such application shall be accompanied by a motor vehicle inspection certificate signed by a representative of the department or an approved agent.
3. The department shall be entitled to charge 50 cents for inspection of such vehicles.
Sec. 4. NRS 482.240 is hereby amended to read as follows:
482.240 1. Upon a registration of a vehicle the department shall issue a certificate of registration to the owner and a certificate of ownership to the legal owner, or both to a person who is both owner and legal owner.
2. When an applicant for registration or transfer of registration shall be unable, for any reason, to submit to the department in support of such application for registration, or transfer of registration, such documentary evidence of legal ownership as, in the opinion of the department, is sufficient to establish the legal ownership of the vehicle concerned in the application for registration or transfer of registration, then the department may issue to such applicant only a certificate of registration.
κ1960 Statutes of Nevada, Page 128 (CHAPTER 109, SB 112)κ
such documentary evidence of legal ownership as, in the opinion of the department, is sufficient to establish the legal ownership of the vehicle concerned in the application for registration or transfer of registration, then the department may issue to such applicant only a certificate of registration. [, across the face of which shall be printed in red ink a statement that no Nevada title, or certificate of ownership, has been issued.
3. Whenever, at any time subsequent to the issuance of a certificate of registration without a certificate of ownership, as authorized in subsection 2, there shall be submitted to the department proof acceptable to it that the legal ownership of the vehicle concerned is in the applicant, such applicant may surrender to the department the certificate of registration issued for such vehicle without a certificate of title or ownership, whereupon the department may reissue to such applicant a certificate of registration and issue a certificate of ownership for such vehicle.]
3. The department may, upon proof of ownership satisfactory to it, issue a certificate of ownership prior to registration of the vehicle concerned.
Sec. 5. NRS 482.270 is hereby amended to read as follows:
482.270 1. The commissioner shall order the preparation of motor vehicle license plates with no other colors than blue and silver, the same to be alternated one upon the background and the other upon the letters and numbers in alternate [years.] issues of license plates. The commissioner may, in his discretion, substitute a white enamel when no suitable material is available.
2. The commissioner may determine and vary the size, shape and form and the material of which license plates shall be made, but each license plate shall be of sufficient size to be plainly readable from a distance of 100 feet during daylight.
3. Every license plate shall have displayed upon it the registration number assigned to the vehicle and to the owner thereof, and the name of the state, which may be abbreviated, and the year for which issued.
4. The registration numbers assigned shall be coded by counties and consecutively numbered. The code letters shall be at the left of the number plate, according to counties, as follows: Churchill, CH; Clark, C; Douglas, DS; Elko, EL; Esmeralda, ES; Eureka, EU; Humboldt, HU; Lander, LA; Lincoln, LN; Lyon, LY; Mineral, MN; Nye, NY; Ormsby, OR; Pershing, PE; Storey, ST; Washoe, W; White Pine, WP. Prefix letters which do not duplicate nor conflict with the foregoing code letters may be reserved by the department for number plates assignable to dealers, exempt vehicles, motorcycles, trailers and trucks, as may be determined; but the letters I and Q shall not be used for any vehicle. Following the county code, or special prefix letter, a series of five or fewer numerals, commencing with 1 to 99,999, shall be used for each county as the need may be.
Sec. 6. NRS 482.320 is hereby amended to read as follows:
482.320 1. [A manufacturer of or a dealer in vehicles in this state, owning or controlling any such new or used vehicles and operating them upon the public highways exclusively for the purpose of testing, demonstrating, offering for sale, or selling the same, in lieu of registering each such vehicle, shall, prior to testing, demonstrating, or offering to sell the same, make application upon an official blank provided for that purpose to the department for a dealers license and license plate or plates.
κ1960 Statutes of Nevada, Page 129 (CHAPTER 109, SB 112)κ
owning or controlling any such new or used vehicles and operating them upon the public highways exclusively for the purpose of testing, demonstrating, offering for sale, or selling the same, in lieu of registering each such vehicle, shall, prior to testing, demonstrating, or offering to sell the same, make application upon an official blank provided for that purpose to the department for a dealers license and license plate or plates.
2. Vehicles ordinarily used by the dealer or manufacturer in the conduct of his business as work, personal transportation, or service vehicles must be registered as any other like vehicle as provided in NRS 482.205 to 482.215, inclusive.
3. No such manufacturer or dealer or any officer, employee or servant thereof, or any person within the third degree of consanguinity or affinity of any such officer, or manufacturer or dealer, if the same are natural persons, shall be granted any registration certificate or issued any license plates under the provisions of this chapter when such certificate and license plates are to be attached to and used in the convoying of any motor vehicle in, into, through, or out of this state in motor convoy carrier service as now or as may hereafter be defined in the laws of this state. Any such person at the time of applying for registration certificates and license plates pursuant to the provisions of this chapter shall make and file with the department an affidavit to the effect that no motor vehicle or vehicles for which the registration license is applied for will be used in such convoying or convoyed without complying with the laws of the state relating to motor convoy carriers.] A manufacturer or dealer having an established place of business in this state, and owning or controlling any new vehicle of a type otherwise required to be registered under the provisions of this chapter, may operate or move such vehicle if there is displayed thereon a special plate or plates issued to such manufacturer or dealer as provided in NRS 482.325 and 482.330. Such a vehicle may also be moved or operated for the purpose of towing other vehicles which are to be sold or exchanged, or stored for the purpose of sale or exchange.
2. The provisions of this section do not apply to:
(a) Work or service vehicles owned or controlled by a manufacturer or dealer.
(b) Vehicles leased by dealers, except vehicles rented or leased to vehicles salesmen in the course of their employment.
Sec. 7. NRS 482.325 is hereby amended to read as follows:
482.325 1. [The application shall be upon a blank to be furnished] Applications for manufacturer or dealer license plates shall be filed upon forms supplied by the department, and the applicant shall furnish such proof as the department may deem necessary that the applicant is a manufacturer or dealer, and entitled to [register vehicles] receive such plates under the provisions of this chapter.
2. Upon receipt of such application and when satisfied that the applicant is entitled thereto, the department shall issue to the applicant a certificate of registration containing the latters name and business address and a license plate or plates assigned to him in such form and containing such further information as the department may determine.
κ1960 Statutes of Nevada, Page 130 (CHAPTER 109, SB 112)κ
business address and a license plate or plates assigned to him in such form and containing such further information as the department may determine.
[3. Every vehicle owned or controlled by such manufacturer or dealer, and permitted to be registered under a license plate or plates, while being operated for the purpose of testing, demonstrating, offering for sale, or selling the same, shall be regarded as registered hereunder.]
Sec. 8. NRS 482.330 is hereby amended to read as follows:
482.330 1. Upon receipt of the application, the department shall also furnish to the manufacturer or dealer one or more [pair of automobile plates or single plates for other vehicles registered by the applicant] plates or pairs of plates for use on vehicles which come within the provisions of NRS 482.320. Every such plate shall have displayed upon it the registration number which is assigned to the applicant, and may at the discretion of the department have a different letter or symbol on each [pair of automobile plates and on each single plate for other vehicles.] plate or pair of plates. Such manufacturer and dealer license plates may be used interchangeably on such vehicles.
2. The department shall by regulation determine the number of manufacturer or dealer license plates to which each manufacturer and dealer is entitled, which, in the case of a dealer, shall be at least three more than the number of salesmen in his employ.
3. The department may also provide by regulation for the issuance to dealers of special license plates and for the number of such plates for use on vehicles loaned by such dealers to customers in the course of business. Such regulations, if adopted, shall provide what use may be made of such plates.
Sec. 9. NRS 482.385 is hereby amended to read as follows:
482.385 1. Except as otherwise provided in this section and NRS 482.390, a nonresident owner of a vehicle of a type subject to registration under this chapter, owning any vehicle which has been duly registered for the current year in the state, country or other place of which the owner is a resident and which at all times when operated in this state has displayed upon it the registration number plate or plates issued for such vehicle in the place of residence of such owner, may operate or permit the operation of such vehicle within this state without any registration thereof in this state under the provisions of this chapter and without the payment of any registration fees to the state.
2. Nothing in this section shall be construed:
(a) To permit the use of manufacturers or dealers license plates issued by any state or country by any such nonresident in the operation of any vehicle on the public highways of this state [.] , but the commissioner may enter into mutual agreements and formal compacts with appropriate officials of other states to obtain reciprocal recognition of dealer vehicle license plates.
(b) To require registration of vehicles of a type subject to registration under this chapter operated by nonresident common motor carriers of persons or property, contract motor carriers of persons or property, or private motor carriers of property as stated in NRS 482.390.
κ1960 Statutes of Nevada, Page 131 (CHAPTER 109, SB 112)κ
of persons or property, contract motor carriers of persons or property, or private motor carriers of property as stated in NRS 482.390.
3. Upon expiration of such nonresident registration or upon any transfer of the vehicle within the State of Nevada, the owner shall immediately apply to register the vehicle in this state and shall pay registration and other fees as provided in this chapter.
Sec. 10. NRS 482.399 is hereby amended to read as follows:
482.399 1. Upon the transfer of the ownership of or interest in any motor vehicle by any holder of a valid registration, or upon destruction of the motor vehicle, the registration shall expire.
2. The holder of such registration may transfer the registration to another vehicle and use the same license plate or plates thereon, if the license plate or plates are appropriate for the second motor vehicle, upon filing an application for transfer of registration and upon paying the transfer registration fee and the excess, if any, of the personal property tax on the second motor vehicle over the personal property tax on the first motor vehicle. Application for transfer of registration shall be made in person to the office or agent of the department in the county in which the applicant resides, and the license plate or plates shall not be used upon a second vehicle until registration of such vehicle is complete. In computing the personal property tax, the department or its agent shall credit the portion of the tax paid on the first vehicle attributable to the remainder of the current registration year on a pro rata monthly basis against the tax due on the second vehicle.
3. If the license plate or plates are not appropriate for the second motor vehicle, [the department shall issue new license plate or plates.] the plate or plates shall be surrendered to the department and an appropriate plate or plates shall be issued. The department shall not reissue the surrendered plate or plates until the next succeeding licensing period.
4. If application for transfer of registration is not made within 60 days after destruction of or transfer of ownership of or interest in any motor vehicle, the license plate or plates shall be surrendered to the department on or before the sixtieth day for cancellation of the registration.
Sec. 11. NRS 482.400 is hereby amended to read as follows:
482.400 1. [Upon] Except as provided in subsection 3, upon a transfer of the title or interest of a legal owner or owner in or to a vehicle registered under the provisions of this chapter, the person or persons whose title or interest is to be transferred and the transferee shall write their signatures with pen and ink upon the certificate of ownership issued for such vehicle, together with the residence address of the transferee, in the appropriate spaces provided upon the reverse side of the certificate.
2. Immediately thereafter the transferee shall [forward the certificate of ownership so endorsed, the certificate of registration, an application for registration, the personal property tax on such vehicle and the registration fee to the department.
3. Nothing in this section may be construed to require any dealer to register, pay a transfer or registration fee for, or pay a personal property tax on any vehicle of which such dealer takes possession and which he holds for sale in the ordinary course of his business.]
κ1960 Statutes of Nevada, Page 132 (CHAPTER 109, SB 112)κ
register, pay a transfer or registration fee for, or pay a personal property tax on any vehicle of which such dealer takes possession and which he holds for sale in the ordinary course of his business.] apply for registration as provided in NRS 482.215, and shall pay the personal property taxes on such vehicle pro rata on a monthly basis upon the time remaining in the current registration year.
3. If the transferee is a dealer who intends to resell the vehicle, he shall deliver immediately to the department or its agent the certificate of registration and the license plate or plates for such vehicle. When the vehicle is resold, the purchaser shall apply for registration as provided in NRS 482.215, and shall pay the personal property taxes on such vehicle pro rata on a monthly basis upon the time remaining in the current registration year. The dealer shall not be required to register, pay a transfer or registration fee for, or pay a personal property tax on any such vehicle.
Sec. 12. NRS 482.410 is hereby amended to read as follows:
482.410 Upon receipt from the transferee of the certificate of ownership properly endorsed, the certificate of registration of the vehicle, the application, the personal property tax and the registration fee the department shall register such vehicle as provided in this chapter with reference to an original registration, and shall issue to the owner and legal owner entitled thereto, by reason of such transfer, a new certificate of registration, a new license plate or plates, and a new certificate of ownership, respectively, in the manner and form provided in this chapter for original registration.
Sec. 13. NRS 482.490 is hereby amended to read as follows:
482.490 There shall be paid to the department for [the registration of vehicles permitted by this chapter to be registered under a general distinguishing number assigned to a manufacturer of or dealer in vehicles,] each manufacturer or dealer license plate, or pair of plates, in lieu of any other fees specified in this chapter, fees according to the following schedule, which fees shall be paid at the time application is made for [registration and for additional] such plates:
For [the registration of motor vehicles] each plate or pair of plates for motor vehicles other than motorcycles [:
For the first two sets of number plates and dealers license $20
For each additional set of number plates.............................. 5] $5.50
For [the registration of] plates for motorcycles:
For the first plate..................................................................................... 5.00
For each additional number plate......................................................... 1.00
For [the registration of] plates for trailers and semitrailers:
For the first plate..................................................................................... 5.00
For each additional number plate......................................................... 1.00
Sec. 14. NRS 482.515 is hereby amended to read as follows:
482.515 1. Whenever any vehicle shall be operated upon the public highways of this state without there having been paid therefor the registration or transfer fee required by this chapter, such fee shall be deemed delinquent; but in the case of vehicles purchased at a time when it is impossible to secure registration, registered dealers shall be empowered to affix a temporary permit, on a form to be provided by the department, attesting to such fact, which shall protect the purchaser of the vehicle for a period not to exceed 5 days from the date of purchase, which date must be legibly affixed to the permit.
κ1960 Statutes of Nevada, Page 133 (CHAPTER 109, SB 112)κ
registration or transfer fee required by this chapter, such fee shall be deemed delinquent; but in the case of vehicles purchased at a time when it is impossible to secure registration, registered dealers shall be empowered to affix a temporary permit, on a form to be provided by the department, attesting to such fact, which shall protect the purchaser of the vehicle for a period not to exceed 5 days from the date of purchase, which date must be legibly affixed to the permit.
2. If such registration fee shall not be paid within 30 days after the same becomes delinquent, a penalty of $3 shall be added thereto. [; and if such transfer fee shall not be paid within 30 days after the same shall become delinquent, a penalty equal to the fee shall be added thereto and collected.] If such delinquency continues, and if the person liable for such fee has knowledge of the delinquency, a penalty of $3 shall be added for each 30 days or major fraction thereof during which the delinquency continues, except that penalties under this section shall be prorated for violations involving vehicles which come within the provisions of NRS 706.730 to 706.860, inclusive.
Sec. 15. NRS 706.680 is hereby amended to read as follows:
706.680 1. Notwithstanding the provisions of NRS 482.320 and the provisions of NRS 706.070, 706.330 and 706.560, such sections relating to motor convoy carriers, it shall be lawful for any manufacturer or dealer in motor vehicles, as such are defined in NRS 706.080, having an established place of business in this state to operate, drive or tow any such motor vehicles over and along the public highways of this state, when such motor vehicles are to be sold, exchanged or stored for the purpose of sale or exchange, without first securing from the department the license and paying the motor convoy fee therefor.
2. No such manufacturer or dealer shall operate, drive or tow any such motor vehicle unless there are attached thereto the motor vehicle dealers license plates required by law of all such manufacturers or dealers [.] , or a permit from the department provided for in sections 19 and 20 of this act.
Sec. 16. Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 17 to 21, inclusive, of this act.
Sec. 17. 1. Any manufacturer of or dealer in vehicles in this state qualified to receive a dealers license shall be entitled to register not more than five new vehicles of the make for which he is a licensed and franchised dealer in his name upon the payment of only the registration and licensing fee as provided in this chapter without being subject to the payment of personal property taxes, and may transfer such registrations to other new vehicles without payment of such taxes.
2. Vehicles so registered shall be subject to the payment of personal property taxes by the purchaser from such dealer at the time of their transfer to such purchaser.
3. The transferee of the vehicle shall be required to pay the personal property taxes pro rata on a monthly basis upon the time remaining in the current registration year before he is entitled to a transfer of the registration and title in his name. Such transferee shall apply for registration as provided in NRS 482.215.
κ1960 Statutes of Nevada, Page 134 (CHAPTER 109, SB 112)κ
4. Nothing contained in this section shall be construed to apply to work or service vehicles.
Sec. 18. Except as provided in subsection 3 of NRS 482.400, every person who sells a secondhand or used motor vehicle shall deliver to the buyer, and every such buyer shall obtain from such seller:
1. The certificate of ownership issued by the department; or
2. If no certificate of ownership has been issued by the department, a certificate of title or other document of title issued by a public authority of another state, territory or country; or
3. If no document of title has been issued by any public authority, a bill of sale or other evidence of title.
Sec. 19. 1. The department shall supply to dealers permits for the movement of used vehicles which such dealers hold for resale. Such permits shall be in a form to be determined by the department and shall limit the use of such vehicles to movement only for the purposes of display, demonstration, maintenance, sale or exchange. A permit shall be affixed to each such vehicle in a manner and position to be determined by the department, and shall be removed and destroyed upon resale of such vehicle.
2. The permits shall be numbered in sequence and each dealer shall, at such times as the department may require, account to the department by number for permits in his possession, permits in use and permits destroyed.
Sec. 20. The department shall issue to any dealer upon request, and upon payment of a fee of $5.50, a special permit, in a form to be determined by the department, for movement of any vehicle for the purposes of sale outside the State of Nevada. The permit shall be affixed to the vehicle to be so moved in a manner and position to be determined by the department, and shall expire 48 hours after issuance.
Sec. 21. Notwithstanding the provisions of chapters 361 and 482 of NRS or any other law, no dealer shall be required to pay any property tax, either as a tax on inventory or on individual vehicles, on any vehicle of which such dealer takes possession and which he holds for sale in the ordinary course of his business.
Sec. 22. Any office personnel employed by any county assessor for the purposes of administration of the provisions of chapter 482 of NRS who are transferred to the employ of the department of motor vehicles shall, notwithstanding the provisions of chapter 284 of NRS, be in the classified service of the state and shall not be required to take competitive examinations in order to secure such classification.
Sec. 23. NRS 482.405 and 482.495 are hereby repealed.
Sec. 24. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 135κ
Assembly Bill No. 31Mr. Evans
CHAPTER 110
AN ACT to amend chapter 328 of NRS, relating to public lands, by providing for the consent of the people of the State of Nevada to the acquisition of state lands by the United States for migratory bird conservation areas and waterfowl production areas; by providing conditions and limitations; and by providing other matters properly relating thereto.
[Approved March 8, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 328 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Notwithstanding the provisions of NRS 328.030 to 328.150, inclusive, or of any other law, the people of the State of Nevada, through their legislative authority, accept the provisions of the Act of Congress known as the Migratory Bird Conservation Act, approved February 18, 1929, as amended, and the provisions of 42 U.S.C. §§ 718 to 718h, inclusive, approved March 16, 1934, as amended. Upon approval by the state board of fish and game commissioners, they consent to the acquisition by the United States, by purchase, lease, gift, exchange or otherwise, of any lands or water within the state, as the United States or its properly constituted officers or agents may deem necessary for migratory bird reservations or waterfowl production areas, in carrying out the provisions of such Acts in Congress.
2. The consent of the people of the State of Nevada to any acquisition pursuant to this act is subject to, and the state does hereby reserve to itself, such full and complete jurisdiction and authority over all such areas as is not incompatible with the administration, maintenance, protection and control thereof by the United States under the terms of such Acts of Congress; and further, the people of the State of Nevada reserve to all persons now or hereafter residing in such areas all rights, privileges and immunities under the laws of this state, insofar as they are compatible with the administration, maintenance, protection and control of such areas by the United States under the terms of such Acts of Congress.
3. Prior to such approval by the state board of fish and game commissioners, the board or boards of county commissioners of the county or counties concerned shall have given their written consent to the state board of fish and game commissioners to the proposed acquisition.
4. The consent of the state to the acquisition by the United States of land, water, or land and water for migratory bird reservations or waterfowl production areas in accordance with this section is subject to the condition that the United States conform to the laws of this state relating to the acquisition, control, use and distribution of water with respect to the land acquired.
5. The consent provided for in this section continues only so long as the property continues to belong to the United States and is held by it in accordance and in compliance with each and all of the conditions and reservations as prescribed in this section, and is used for the purposes for which it was acquired.
κ1960 Statutes of Nevada, Page 136 (CHAPTER 110, AB 31)κ
by it in accordance and in compliance with each and all of the conditions and reservations as prescribed in this section, and is used for the purposes for which it was acquired.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 77Mr. Waters
CHAPTER 111
AN ACT to amend NRS sections 116.050, 255.110, 270.020, 278.410, 278.510 and 625.350, relating to the specifications for and preparation and contents of maps, plats and records of survey, by allowing the use of materials of a permanent nature generally used for such purposes in the engineering profession.
[Approved March 8, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 116.050 is hereby amended to read as follows:
116.050 1. All maps and plats which shall hereafter be filed under the provisions of this chapter shall be made upon vellum [or] , tracing cloth [,] or any other material of a permanent nature generally used for such purpose in the engineering profession, and shall be of uniform size, 24 by 32 inches, with a borderline 2 inches from the left edge in order to leave room for binding. No map shall be accepted for filing made upon ordinary paper or blueprint.
2. For filing each map or plat the county recorder shall collect a fee of 25 cents for each lot mapped or platted, and 50 cents for indexing the map or plat.
Sec. 2. NRS 255.110 is hereby amended to read as follows:
255.110 1. The county surveyor shall:
(a) Keep a correct and fair record of all surveys made by him in his official capacity, or by his deputies acting in his stead, in the form of original field notes in field books to be provided by the county for that purpose.
(b) Number such surveys progressively.
(c) Make and preserve a fair and accurate record map of each survey, drawn in waterproof ink on tracing cloth [,] or produced by the use of other materials of a permanent nature generally used for such purpose in the engineering profession, endorsing thereon its proper number and his official certificate of survey.
2. All records of surveys required by this chapter shall be transmitted by him to his successor in office.
3. Field notes and record maps shall be available for purposes of copying the same to any person requiring the same.
Sec. 3. NRS 270.020 is hereby amended to read as follows:
270.020 1. The city council, or other legislative board of any such city, either upon its own motion or resolution or upon the petition of any property holder and taxpayer within the city, affected by such loss, destruction, uncertainty, ambiguity, confusion or conflict, may instruct and employ the city engineer of the city, or the county engineer of the county in which the city is situate, or any other competent surveyor or civil engineer, to make a complete survey of such city or of such part or subdivision thereof or addition thereto and to prepare a correct and accurate map or plat of such survey, upon which map or plat shall be laid down and delineated all of the blocks, lots, streets, alleys, highways, parks, school property, cemeteries and other properties devoted to public use.
κ1960 Statutes of Nevada, Page 137 (CHAPTER 111, AB 77)κ
loss, destruction, uncertainty, ambiguity, confusion or conflict, may instruct and employ the city engineer of the city, or the county engineer of the county in which the city is situate, or any other competent surveyor or civil engineer, to make a complete survey of such city or of such part or subdivision thereof or addition thereto and to prepare a correct and accurate map or plat of such survey, upon which map or plat shall be laid down and delineated all of the blocks, lots, streets, alleys, highways, parks, school property, cemeteries and other properties devoted to public use.
2. The map or plat shall show by course and distance accurate ties with well-known and established section, or quarter section, corner or corners, and with some permanent artificial monument or monuments erected or constructed with definite and exact relation to the center line of the streets of such city or such part or subdivision thereof or addition thereto and with such marks or monuments of original surveys as may be found and identified, together with an accurate description of each such section, or quarter section, corner, monument or mark.
3. The map shall be entitled substantially as follows: Map of survey of city of (or of . subdivision of or addition to city of , as the case may be) under the provisions of chapter 270 of NRS and in accordance with a resolution of the board of supervisors of the city of . (or as the case may be). Passed (giving date).
4. The map shall bear the sworn certificate of the engineer or surveyor making the same and shall be made upon vellum [or] , tracing cloth [,] or other material of a permanent nature generally used for such purpose in the engineering profession, and shall be drawn to a convenient scale sufficiently large to show clearly all lines and corners of blocks, lots, streets, alleys, highways, parks, school property, cemeteries and other property devoted to public use. Where there is any uncertainty as to the correct position, description or line of any lot, block, street, alley or other piece or parcel of property affected or wherever there is a conflict or contradiction in point, line, numbering, lettering or other description, by reason of conflicting maps, theretofore filed or recorded, or by reason of mistakes or inaccuracies in any prior map or maps, or plat or plats, or otherwise, the same shall be clearly shown or indicated. Wherever the line on which fences, buildings or other improvements have been built in accordance with prior maps, plats or surveys, or otherwise, and the same appear to be in conflict with the lines, points or directions, as shown in the map or plat herein provided for, such conflict or conflicts shall likewise be clearly shown.
5. The map may be prepared in as many sections and with such changes in scale as may be necessary to show clearly the matters herein required.
Sec. 4. NRS 278.410 is hereby amended to read as follows:
278.410 1. The final map shall be clearly and legibly drawn in black waterproof india ink upon good tracing cloth [,] or produced by the use of other materials of a permanent nature generally used for such purpose in the engineering profession, but affidavits, certificates and acknowledgments may be legibly stamped or printed upon the map with opaque ink.
κ1960 Statutes of Nevada, Page 138 (CHAPTER 111, AB 77)κ
by the use of other materials of a permanent nature generally used for such purpose in the engineering profession, but affidavits, certificates and acknowledgments may be legibly stamped or printed upon the map with opaque ink.
2. The size of each sheet of the map shall be 24 by 32 inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of 1 inch at the top, bottom, and right edges, and of 2 inches at the left edge along the [32-inch] 24-inch dimension.
3. The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end.
4. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown.
5. The final map shall show all survey and mathematical information and data necessary to locate all monuments, and to locate and retrace any and all interior and exterior boundary lines appearing thereon, including bearings and distances of straight lines, and radii and arc length for all curves, and such information as may be necessary to determine the location of the centers of curves.
6. Each lot shall be numbered, and each block may be numbered or lettered.
7. Each street shall be named.
8. The exterior boundary of the land included within the subdivision shall be indicated by colored border.
9. The map shall show the definite location of the subdivision, and particularly its relation to surrounding surveys.
10. The final map shall also satisfy any additional survey and map requirements of the local ordinance.
Sec. 5. NRS 278.510 is hereby amended to read as follows:
278.510 1. The record of survey shall be a map, legibly drawn in black waterproof india ink on tracing cloth [,] or produced by the use of other materials of a permanent nature generally used for such purpose in the engineering profession, the size and border of which shall conform to the requirements for final maps.
2. The record of survey shall show:
(a) All monuments found, set, reset, replaced or removed, describing their kind, size and location, and giving other data relating thereto.
(b) Bearing or witness monuments, basis of bearings, bearing and length of lines and scale of map.
(c) Name and legal designation of tract or grant in which the survey is located and ties to adjoining tracts.
(d) Memorandum of oaths.
(e) Signature of surveyor.
(f) Date of survey.
(g) Name of person or persons for whom the survey was made.
(h) Any other data necessary for the intelligent interpretation of the various items and locations of the points, lines and area shown.
Sec. 6. NRS 625.350 is hereby amended to read as follows:
625.350 1. A record of survey shall be a map legibly drawn in waterproof ink on tracing cloth or [other suitable transparent medium other than paper,] produced by the use of other materials of a permanent nature generally used for such purpose in the engineering profession, the size to be 24 inches by 32 inches.
κ1960 Statutes of Nevada, Page 139 (CHAPTER 111, AB 77)κ
other than paper,] produced by the use of other materials of a permanent nature generally used for such purpose in the engineering profession, the size to be 24 inches by 32 inches.
2. A record of survey shall show:
(a) All monuments found, set, reset or replaced, describing their kind, size and location, and giving other data relating thereto.
(b) Bearing or witness monuments, basis of bearings, bearing and length of lines, and scale of map.
(c) Name and legal description of the tract in which the survey is located and ties to adjoining tracts.
(d) Tie to Coast and Geodetic Survey Control System, if points of the system are established in the area in which the survey is made.
(e) Memorandum of oaths, if any.
(f) Signature and seal of the surveyor.
(g) Dates of survey.
(h) Name of the person or persons for whom the survey is made.
(i) Any other data necessary for the intelligent interpretation of the various items and locations of the points, lines and areas shown.
________
Assembly Bill No. 89Messrs. Knisley, Bastian, Humphrey (Washoe), Bailey and Parks
CHAPTER 112
AN ACT to amend chapter 209 of NRS, relating to the Nevada state prison, by adding a new provision creating the prison residence improvement fund to consist of rents charged for occupancy of prison residences, and authorizing the warden, subject to the approval of the board of state prison commissioners, to expend the moneys in such fund to improve existing prison residences and to construct new residences; and by providing other matters properly relating thereto.
[Approved March 8, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 209 is hereby amended by adding thereto a new section which shall read as follows:
1. The prison residence improvement fund is hereby created.
2. The prison residence improvement fund shall consist of all receipts of rents charged for occupancy of prison residences.
3. Subject to the approval of the board, the warden may expend the moneys in the prison residence improvement fund for the purchase of materials and equipment, but not for furniture or furnishings, to improve existing prison residences and for the construction of new residences by prison labor.
Sec. 2. All moneys in the fund in the state treasury designated The Prison Residence Improvement Fund on the effective date of this act shall be transferred immediately to the fund created by this act.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 140κ
Assembly Bill No. 91Messrs. Knisley, Bastian, Humphrey (Washoe), Bailey and Parks
CHAPTER 113
AN ACT to amend NRS sections 423.010, 423.050 and 423.060, relating to the superintendent and matron of the Nevada state childrens home, by abolishing the position of matron of the home and by increasing the salary of the superintendent of the home.
[Approved March 8, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 423.010 is hereby amended to read as follows:
423.010 As used in this chapter:
1. Board means the state welfare board.
2. Department means the state welfare department.
3. Director means the state welfare director.
4. [Matron means the matron of the Nevada state childrens home.
5.] Superintendent means the superintendent of the Nevada state childrens home.
Sec. 2. NRS 423.050 is hereby amended to read as follows:
423.050 1. The state welfare board shall select a superintendent [and matron] of the Nevada state childrens home, who shall serve at the pleasure of the state welfare board.
2. The superintendent [and matron] shall be selected on the basis of training, experience, capacity and interest in child welfare, and shall be in the unclassified service of the state.
Sec. 3. NRS 423.060 is hereby amended to read as follows:
423.060 The superintendent of the Nevada state childrens home shall receive an annual salary of [$6,000. The matron of the Nevada state childrens home shall receive an annual salary of $3,600.] $7,560.
________
Assembly Bill No. 95Elko County Delegation
CHAPTER 114
AN ACT to amend NRS section 651.040, relating to advertising by hotels and motels, by changing the restriction on the applicability of such section to counties having a population of 10,000 or more.
[Approved March 8, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 651.040 is hereby amended to read as follows:
651.040 1. As used in this section, unless the context otherwise requires:
(a) Corporate or fictitious name means $4.00 motel or similar name or any phraseology used in the name the reasonable construction of which implies the rate at which rooms or accommodations may be secured at such establishment.
κ1960 Statutes of Nevada, Page 141 (CHAPTER 114, AB 95)κ
name or any phraseology used in the name the reasonable construction of which implies the rate at which rooms or accommodations may be secured at such establishment.
(b) Establishment means any hotel, motel, inn or motor court.
(c) Membership in an organization means member of $4.00 motel association or similar organization names or any phraseology used in the organization name the reasonable construction of which implies the rate at which rooms or accommodations may be secured at such establishment.
(d) Outdoor sign or outside sign means any sign maintained outside the establishment, whether on, connected to or separated from the establishment, or any sign, whether within or without the establishment, which is visible to the public from the outside.
(e) Owner or keeper means any person, firm, association or corporation.
(f) Rates means the total charge levied at such establishment for rooms or accommodations.
(g) Special rates means special rates, cut rates, low rates, lowest rates, lowest rates in town, reasonable, inexpensive or any similar phraseology the reasonable construction of which implies that a bargain in rates in offered at such establishment.
2. It is unlawful for any owner or keeper of any hotel, inn, motel or motor court in this state to post or maintain posted on any outdoor or any outside sign:
(a) Advertising with reference to any rates at which rooms or accommodations may be secured at such establishment.
(b) Advertising which employs terminology with reference to special rates for rooms or accommodations at such establishment.
(c) Advertising the corporate or fictitious name of such establishment or membership in any organization the name of which pertains to or can be reasonably construed as pertaining to the rate of rooms or accommodations at such establishment.
3. Nothing contained in subsection 2 shall be construed as requiring any establishment therein referred to to maintain outdoor signs or outside signs.
4. Every owner or keeper of any hotel, inn, motel or motor court in this state shall post, in a conspicuous place in the office and in every bedroom of such establishment, a printed copy of a statement of charge or rate of charges by the day for lodging. The rates posted in the office and every bedroom of such establishment shall display the daily rate of such room for occupancy by one person, for occupancy by two persons, the additional charge for each person over two persons, or the additional charge for each additional bed provided in such room. Every establishment shall maintain a registration card for each room and supply the person or persons registering for accommodations a receipt. Both the registration card and the receipt shall reflect the type of accommodation supplied, the number of persons occupying such accommodation and the rate charged each person therefor. No establishment shall charge more than the posted rates, or require as a condition of securing accommodations that any person pay for a greater number of days than actually requested or that the accommodations are actually occupied by the person or persons.
κ1960 Statutes of Nevada, Page 142 (CHAPTER 114, AB 95)κ
or require as a condition of securing accommodations that any person pay for a greater number of days than actually requested or that the accommodations are actually occupied by the person or persons.
5. For any violation of this section, or any provision herein contained, the offender shall forfeit to the injured party 3 times the amount of the sum charged in excess of what he is entitled to charge.
6. Any owner or keeper of any establishment who violates any of the provisions of this section is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $50 nor more than $250, or by imprisonment in the county jail for not less than 10 days nor more than 30 days, or by both fine and imprisonment.
7. The provisions of this section shall apply only in a county having a population, according to the latest United Sates decennial census of [25,000] 10,000 or more persons.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 213Mr. Ryan
CHAPTER 115
AN ACT ratifying the action of the city council of the City of North Las Vegas concerning certain street-lighting improvements in such city; and providing other matters properly relating thereto.
[Approved March 9, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. All proceedings heretofore adopted and all things done by the city council and officers of the City of North Las Vegas, Clark County, Nevada, toward the acquisition of street-lighting improvements in and along certain streets in the special assessment district designated North Las Vegas, Nevada, Street Lighting Assessment District No. 2, as described in Ordinance No. 178 of such city, passed, adopted and approved on the 1st day of February, 1960, including action taken in and preliminary to the creation of such district, the purchase and installation of such improvements and the levy of special assessments and issuance of improvement bonds to defray the cost thereof, are hereby ratified, approved and confirmed.
Sec. 2. If any clause or provision of this act, or any part thereof, shall for any reason be held invalid or unenforcible, the invalidity or unenforcibility of such clause, provision or part shall not affect any of the remaining provisions of this act.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 143κ
Assembly Bill No. 127Committee on State Institutions
CHAPTER 116
AN ACT to amend NRS sections 209.120 and 209.130, relating to powers and absence of the warden of the Nevada state prison, by providing for the appointment and fixing of salaries of a deputy warden and captain of the guard of the state prison, and by allowing prison employees 2 days off in each week of service; to amend chapter 209 of NRS, relating to the Nevada state prison, by providing for the safekeeping of funds and valuables of prisoners by the warden, and by creating a prisoners store fund and providing for the administration, sources and uses of such fund; to repeal NRS section 209.210, relating to federal prisoners; and providing other matters properly relating thereto.
[Approved March 9, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 209.120 is hereby amended to read as follows:
209.120 1. The warden shall appoint a deputy warden and a captain of the guard, each of whom shall be in the unclassified service of the state, and each of whom shall receive an annual salary to be fixed by the board.
2. During any absence of the warden, the [captain of the guard] deputy warden of the state prison shall be acting warden thereof without increase in salary [.] , and during any absence of the warden and the deputy warden, the captain of the guard of the state prison shall be acting warden thereof without increase in salary.
Sec. 2. NRS 209.130 is hereby amended to read as follows:
209.130 1. The warden shall have the general superintendence of prison discipline and prison labor.
2. He shall:
(a) Appoint, pursuant to chapter 284 of NRS, such officers and employees as the board determines to be necessary for the operation of the prison.
(b) Engage a matron, who may be his wife, whenever there shall be female prisoners confined in the prison.
3. Every regular employee employed under the provisions of this section shall be entitled to [1 day] 2 days off in each week of service.
Sec. 3. Chapter 209 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 and 5 of this act.
Sec. 4. The warden may accept funds and valuables belonging to prisoners for safekeeping pending their releases, and shall deposit such funds in one or more banks of reputable standing. He shall keep, or cause to be kept, a full and accurate account of such funds and valuables, and shall submit reports to the board relating to such funds and valuables as may be required from time to time.
Sec. 5. 1. The prisoners store fund is hereby created. All moneys received for the benefit of prisoners through contributions, percentages from sales of goods manufactured by the prisoners, and from other sources not otherwise required to be deposited in another fund, shall be deposited in the prisoners store fund.
κ1960 Statutes of Nevada, Page 144 (CHAPTER 116, AB 127)κ
2. The warden shall deposit the prisoners store fund in one or more banks of reputable standing, shall keep, or cause to be kept, a full and accurate account of such fund, and shall submit reports to the board relative to such funds and valuables as may be required from time to time.
3. Moneys in the prisoners store fund shall be expended for the welfare and benefit of all prisoners.
Sec. 6. NRS 209.210 is hereby repealed.
Sec. 7. This act shall become effective upon passage and approval.
________
Assembly Bill No. 97Committee on Education
CHAPTER 117
AN ACT to amend NRS section 386.290, relating to compensation and traveling expenses of members of the boards of trustees of school districts, by allowing travel expenses and per diem allowances for one trustee of any such board at the same rate authorized by law for state officers when such trustee attends certain educational meetings.
[Approved March 9, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 386.290 is hereby amended to read as follows:
386.290 1. No trustee shall be entitled to or be allowed any compensation for his services as trustee. This subsection shall not be construed to prevent payment of a salary to any trustee elected as clerk of a board of trustees.
2. Except as provided in subsection [3,] 4, a trustee shall be allowed:
(a) His traveling expenses for traveling each way between his home and the place where board meetings are held at the rate authorized by law for state officers.
(b) His living expenses necessarily incurred while in actual attendance at board meetings at the rate authorized by law for state officers.
3. One member of the board of trustees of any school district may be allowed travel expenses and per diem allowances at the same rate authorized by law for state officers when he attends a meeting of the State School Board Association or Nevada Association of School Administrators.
4. Claims for mileage and per diem allowances shall be allowed and paid in the same manner as other claims against the school district fund are paid, but no claim for mileage and per diem allowances for living expenses shall be allowed or paid to a trustee residing not more than 5 miles from the place where board meetings are held.
________
κ1960 Statutes of Nevada, Page 145κ
Senate Bill No. 132Committee on Finance
CHAPTER 118
AN ACT providing an additional and supplemental appropriation for the support of the state planning board for the fiscal year ending June 30, 1960.
[Approved March 9, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the fiscal year ending June 30, 1960, there is hereby appropriated from the general fund in the state treasury the sum of $5,209 for the support of the state planning board as an additional and supplemental appropriation to that allowed and made by section 26 of chapter 433, Statutes of Nevada 1959.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 121Committee on Judiciary
CHAPTER 119
AN ACT to amend chapter 234 of NRS, relating to boundaries of the State of Nevada by adding new sections ratifying the interstate compact executed February 6, 1960, fixing a part of the boundary between Nevada and Arizona; and providing other matters properly relating thereto.
[Approved March 9, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 234 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. The interstate compact defining a portion of the common boundary between the States of Nevada and Arizona on the Colorado River between the point where the Nevada-California state line intersects the 35th degree of latitude north and Davis Dam, which was executed on February 6, 1960, by the Colorado River boundary commissions of Nevada and Arizona, is hereby ratified and approved.
Sec. 3. The terms and provisions of the compact referred to in section 1 are as follows:
INTERSTATE COMPACT DEFINING A PORTION OF THE
ARIZONA-NEVADA BOUNDARY ON THE
COLORADO RIVER
Article I. Purpose.
The boundary between the States of Arizona and Nevada on the Colorado River between the point where the Nevada-California state line intersects the 35th degree of latitude north and Davis Dam has become indefinite and uncertain because of meanderings in the main channel of the Colorado River with the result that a state of confusion exists as to the true and correct location of the boundary and the enforcement and administration of the laws of the two states have been rendered difficult.
κ1960 Statutes of Nevada, Page 146 (CHAPTER 119, SB 121)κ
channel of the Colorado River with the result that a state of confusion exists as to the true and correct location of the boundary and the enforcement and administration of the laws of the two states have been rendered difficult.
The purpose of this compact is to fix the location of the boundary line between the States of Arizona and Nevada on the Colorado River between the point where the Nevada-California state line intersects the 35th degree of latitude north and Davis Dam.
Article II. Description.
The boundary between the States of Arizona and Nevada on the Colorado River between the point where the Nevada-California state line intersects the 35th degree of latitude north and Davis Dam is herewith defined as a line passing through a series of fixed points located in the mid-channel of the Colorado River which are tied by bearing and distance to established monuments and described as follows:
Point No. 1, being the place of beginning where the Nevada-California boundary intersects the 35th degree of latitude north; thence northerly 18,099.91 feet along a curve to the right (with a radius bearing North 63°34′35′′ East, a distance of 13,901.63 feet) to
Point No. 2, which point is North 51°24′59′′ West 2,769.37 feet from the U.S.C.&G.S. Fort Mohave triangulation station; thence North 48°10′31′′ East 1,383.38 feet to
Point No. 3, which point is North 23°05′44′′ West 2,880.52 feet from the U.S.C.&G.S. Fort Mohave triangulation station; thence northeasterly 2,625.09 feet along a curve to the right with a radius of 12,170.00 feet to
Point No. 4, which point is North 13°27′17′′ East 4,294.35 feet from the U.S.C.&G.S. Fort Mohave triangulation station; thence northerly 10,610.88 feet along a curve to the left with a radius of 5,775.00 feet to
Point No. 5, which is North 9°40′04′′ East 13,460.60 feet from the U.S.C.&G.S. Fort Mohave triangulation station; thence North 44°44′23′′ West 1,364.03 feet to
Point No. 6, which point is North 5°13′06′′ East 14,297.57 feet from the U.S.C.&G.S. Fort Mohave triangulation station; thence northwesterly 7,745.77 feet along a curve to the left with a radius of 15,000.00 feet to
Point No. 7, which point is South 74°59′41′′ West 1,077.76 feet from the southeast corner of Section 24, Township 20 North, Range 23 West,
κ1960 Statutes of Nevada, Page 147 (CHAPTER 119, SB 121)κ
23 West, G.&S.R. Base & Meridian in Arizona; thence northwesterly 2,687.16 feet along a curve to the right with a radius of 5,250.00 feet to
Point No. 8, which point is North 72°18′49′′ West 3,334.98 feet from the southeast corner of Section 24, Township 20 North, Range 23 West, G.&S.R. Base & Meridian; thence North 45°00′00′′ West 1,251.30 feet to
Point No. 9, which point is North 65°13′02′′ West 4,647.83 feet from the southeast corner of Section 24, Township 20 North, Range 23 West, G.&S.R. Base & Meridian; thence northerly 2,567.51 feet along a curve to the right with a radius of 1,738.94 feet to
Point No. 10, which point is South 77°14′52′′ West 4,476.96 feet from the northeast corner of Section 24, Township 20 North, Range 23 West, G.&S.R. Base & Meridian in Arizona; thence North 39°35′46′′ East 1,896.58 feet to
Point No. 11, which point is North 81°28′29′′ West 3,192.99 feet from the southeast corner of Section 13, Township 20 North, Range 23 West, G.&S.R. Base & Meridian in Arizona; thence North 50°05′20′′ East 1,377.07 feet to
Point No. 12, which point is North 57°09′02′′ West 2,501.42 feet from the southeast corner of Section 13, Township 20 North, Range 23 West, G.&S.R. Base & Meridian in Arizona; thence North 38°39′33′′ East 1,670.68 feet to
Point No. 13, which point is North 21°40′31′′ West 2,863.96 feet from the southeast corner of Section 13, Township 20 North, Range 23 West, G.&S.R. Base & Meridian in Arizona; thence easterly 6,083.30 feet along a curve to the right with a radius of 6,332.12 feet to
Point No. 14, which point is South 1°45′06′′ East 944.43 feet from the northwest corner of Section 34, Township 32 South, Range 66 East, Mt. Diablo Base & Meridian in Nevada; thence South 86°17′53′′ East 5,190.37 feet to
Point No. 15, which point is South 3°31′00′′ West 1,233.10 feet from the northeast corner of Section 34, Township 32 South, Range 66 East, Mt. Diablo Base & Meridian in Nevada; thence North 74°12′01′′ East 3,528.76 feet to
Point No. 16, which point is South 85°21′02′′ East 3,330.79 feet from the northeast corner of Section 34, Township 32 South, Range 66 East, Mt. Diablo Base & Meridian in Nevada; thence North 66°35′02′′ East 1,383.98 feet to Point No. 17,
κ1960 Statutes of Nevada, Page 148 (CHAPTER 119, SB 121)κ
Point No. 17, which point is North 86°30′32′′ East 4,598.33 feet from the northeast corner of Section 34, Township 32 South, Range 66 East, Mt. Diablo Base & Meridian in Nevada; thence North 54°25′00′′ East 1,499.93 feet to
Point No. 18, which point is South 7°03′48′′ East 4,297.47 feet from the northwest corner of Section 25, Township 32 South, Range 66 East, Mt. Diablo Base & Meridian in Nevada; thence North 29°56′02′′ East 1,974.24 feet to
Point No. 19, which point is South 30°39′10′′ East 2,968.79 feet from the northwest corner of Section 25, Township 32 South, Range 66 East, Mt. Diablo Base & Meridian in Nevada; thence North 23°56′24′′ East 2,404.51 feet to
Point No. 20, which point is South 64°33′16′′ West 3,266.89 feet from the northeast corner of Section 12, Township 20 North, Range 22 West, G.&S.R. Base & Meridian in Arizona; thence North 6°07′27′′ West 1,406.23 feet to
Point No. 21, which point is South 89°54′00′′ West 3,100.00 feet from the northeast corner of Section 12, Township 20 North, Range 22 West, G.&S.R. Base & Meridian in Arizona; thence North 10°55′52′′ West 878.83 feet to
Point No. 22, which point is North 75°17′33′′ West 3,377.31 feet from the northeast corner of Section 12, Township 20 North, Range 22 West, G.&S.R. Base & Meridian in Arizona; thence North 6°44′28′′ East 1,289.72 feet to
Point No. 23, which point is South 58°26′58′′ West 3,655.64 feet from the northeast corner of Section 1, Township 20 North, Range 22 West, G.&S.R. Base & Meridian in Arizona; thence North 15°26′06′′ East 2,078.24 feet to
Point No. 24, which point is North 87°58′32′′ West 2,563.75 feet from the northeast corner of Section 1, Township 20 North, Range 22 West, G.&S.R. Base & Meridian in Arizona; thence North 10°47′16′′ East 3,339.47 feet to
Point No. 25, which point is South 57°52′49′′ East 3,931.95 feet from the northwest corner of Section 13, Township 32 South, Range 66 East, Mt. Diablo Base & Meridian in Nevada; thence North 0°37′06′′ East 2,000.00 feet to
Point No. 26, which point is South 88°26′53′′ East 3,352.93 feet from the northwest corner of Section 13, Township 32 South, Range 66 East,
κ1960 Statutes of Nevada, Page 149 (CHAPTER 119, SB 121)κ
Range 66 East, Mt. Diablo Base & Meridian in Nevada; thence North 0°37′06′′ East 5,269.57 feet to
Point No. 27, which point is South 88°42′05′′ East 3,542.59 feet from the southwest corner of Section 1, Township 32 South, Range 66 East, Mt. Diablo Base & Meridian in Nevada; thence North 5°11′28′′ West 1,401.89 feet to
Point No. 28, which point is North 68°55′18′′ East 3,659.71 feet from the southwest corner of Section 1, Township 32 South, Range 66 East, Mt. Diablo Base & Meridian in Nevada; thence North 20°04′51′′ West 1,401.38 feet to
Point No. 29, which point is South 45°32′18′′ East 3,758.25 feet from the northwest corner of Section 1, Township 32 South, Range 66 East, Mt. Diablo Base & Meridian in Nevada; thence North 5°07′03′′ West 2,570.29 feet to
Point No. 30, which point is South 88°18′29′′ East 2,454.13 feet from the northwest corner of Section 1, Township 32 South, Range 66 East, Mt. Diablo Base & Meridian in Nevada; thence North 1°49′01′′ East 934.17 feet to
Point No. 31, which point is North 70°51′57′′ East 2,627.86 feet from the northwest corner of Section 1, Township 32 South, Range 66 East, Mt. Diablo Base & Meridian in Nevada and monumented by a brass cap in the roadway of the highway crossing Davis Dam.
Article III. Ratification and Effective Date.
This compact shall become operative when it has been ratified and approved by the legislatures of the States of Arizona and Nevada and approved by the Congress of the United States.
Dated this 6th day of February, 1960, at Phoenix, Arizona.
FOR THE STATE OF ARIZONA
COLORADO RIVER BOUNDARY COMMISSION
OF ARIZONA
/s/ Wayne M. Akin
Wayne M. Akin, Chairman
Chairman of the Arizona Interstate Stream Commission
/s/ Wade Church
Wade Church
Attorney General
/s/ Obed M. Lassen
Obed M. Lassen,
State Land Commissioner
κ1960 Statutes of Nevada, Page 150 (CHAPTER 119, SB 121)κ
FOR THE STATE OF NEVADA
COLORADO RIVER BOUNDARY COMMISSION
OF NEVADA
/s/ Ralph L. Denton
Ralph L. Denton, Chairman
Appointed Member
/s/ A. J. Shaver
A. J. Shaver, Secretary
Chief Engineer, Colorado River Commission of Nevada
/s/ Hugh A. Shamberger
Hugh A. Shamberger
Director, State Department of Conservation and Natural Resources
Sec. 4. The secretary of state of the State of Nevada shall transmit a duly certified copy of this act to the governor of the State of Arizona. The governor of this state, whenever officially advised that the State of Arizona has ratified and approved the compact set forth in section 3 and whenever the Congress of the United States has approved the compact, shall make proclamation of that fact. A copy of such proclamation shall be published for three consecutive weekly issues in a newspaper or newspapers of general circulation in Clark County, Nevada.
Sec. 5. The Congress of the United States, as soon as the State of Arizona has ratified and approved the compact set forth in section 3, is petitioned, pursuant to Article I, section 10, clause 3 of the United States Constitution, to give its consent to the settlement and location of the above-described portion of the common boundary, as set forth in section 3, between the States of Nevada and Arizona. The secretary of state of the State of Nevada shall transmit duly certified copies of this act to the presiding officers of the Senate and House of Representatives of the United States and to the several Senators and Representatives from the States of Nevada and Arizona to the Congress of the United States, who are petitioned to take such action as they deem proper to procure the consent of the Congress of the United States to this compact between the States of Nevada and Arizona.
Sec. 6. Nothing contained in the provisions of this act or any operation thereof shall prejudice the titles, rights or claims of any person, public or private, natural or artificial to any of the lands herein involved, whether such titles, rights or claims arise or exist upon the basis that the lands affected by the designation of boundary as set forth in the compact and in this act were previously a part of the State of Nevada and have now become a part of the State of Arizona or were previously a part of the State of Arizona and have now become a part of the State of Nevada, or otherwise.
Sec. 7. From and after the date of approval by the Congress of the United States of the compact set forth in section 3 of this act, the county recorder of Clark County, Nevada, shall accept and record, without charge therefor, patents, deeds or other evidence of ownership or interest in any lands recorded in Mohave County, Arizona, which were previously considered a part of the State of Arizona but are now included within the boundary of the State of Nevada as described in section 3 of this act.
κ1960 Statutes of Nevada, Page 151 (CHAPTER 119, SB 121)κ
or interest in any lands recorded in Mohave County, Arizona, which were previously considered a part of the State of Arizona but are now included within the boundary of the State of Nevada as described in section 3 of this act. Recordings made under the provisions of this section shall have retroactive effect to the date of their original recording in the State of Arizona.
Sec. 8. This act shall become effective upon passage and approval.
________
Senate Bill No. 115Committee on Judiciary
CHAPTER 120
AN ACT to amend chapter 286 of NRS, relating to public employees retirement, by adding new provisions allowing supreme court justices and district judges to join the public employees retirement system; creating restrictions; and providing other matters properly relating thereto.
[Approved March 9, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 286 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any justice of the supreme court and any district judge may become a member of the system in the manner provided by NRS 286.300.
2. The State of Nevada shall be deemed, for the purpose of this chapter, to be the public employer of such justice or judge, and shall contribute to the public employees retirement fund and the public employees retirement administrative fund, in the manner provided in this chapter for public employers.
3. Any justice of the supreme court and any district judge who has been a member of the system and who qualifies for a pension under the provisions of NRS 3.090 or NRS 2.060 may elect, when he is eligible for retirement, to withdraw from the public employees retirement fund the amount credited to him in the account. No such justice or judge may receive benefits under both this chapter and under NRS 3.090 or NRS 2.060.
4. Service as a justice of the supreme court or as a district judge prior to July 1, 1960, may not be credited toward retirement until such justice or judge and the public employer have contributed to the public employees retirement fund and the public employees retirement administrative fund such sums as would have been contributed by each had such justice or judge been a member of the system from July 1, 1948, to and including the date such justice or judge elects to become a member of the system. The State of Nevada shall pay all public employer contributions for persons electing to redeem such prior service.
________
κ1960 Statutes of Nevada, Page 152κ
Senate Bill No. 114Committee on Judiciary
CHAPTER 121
AN ACT to amend NRS section 2.370, relating to Nevada Reports and advance sheets, by requiring the clerk of the supreme court to mail copies of a decision of the supreme court to the counsel upon each side of the case.
[Approved March 9, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 2.370 is hereby amended to read as follows:
2.370 1. The stenographic clerks of the supreme court shall, without additional compensation, assist the reporters of decisions in the preparation of the material for the Nevada Reports.
2. Immediately [upon] after the filing of any decision by the supreme court, the [official reporter] clerk of the supreme court shall mail a copy of such decision to counsel upon each side of the case, which copy shall bear the certificate of [the official reporter] such clerk to be a full, true and correct copy of such decision.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 90Committee on Judiciary (by request of the Statute Revision Commission)
CHAPTER 122
AN ACT to amend NRS section 78.130, relating to corporation officers, be eliminating the requirement that a president be a member of the board of directors of the corporation.
[Approved March 9, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 78.130 is hereby amended to read as follows:
78.130 1. Every corporation shall have a president, [who shall be a director,] a secretary, a treasurer, and a resident agent. They shall be chosen by the board of directors and shall hold their offices until their successors are chosen and qualify.
2. Every corporation may also have one or more vice presidents, [who need not be directors,] assistant secretaries and assistant treasurers, and such other officers, agents and factors as may be deemed necessary.
3. All officers, agents and factors shall be chosen in such manner, hold their offices for such terms and have such powers and duties as may be prescribed by the bylaws or determined by the board of directors.
4. Any person may hold two or more offices.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 153κ
Senate Bill No. 88Committee on Judiciary (by request of the Statute Revision Commission)
CHAPTER 123
AN ACT to amend NRS section 100.010, relating to preferred labor claims, by creating a preference of wage claims over claims of the state for sales and use taxes; to amend the title of an act entitled An Act to amend NRS sections 78.720 and 150.220, relating to the amount of wage claims accorded priority in the dissolution of a corporation and in the order of payment of such claims in the administration of an estate, by providing a uniform amount for such claims; to amend NRS sections 372.565 and 612.650, relating to the subordination of certain claims to claims for sales and use taxes and the priority unemployment compensation contributions upon the distribution of an employers assets, by providing that wage claims shall have priority over unpaid sales and use taxes and unemployment compensation contributions, approved April 2, 1959, by deleting all reference therein to NRS section 372.565; to repeal section 3 of the above entitled act, relating to the amendment of NRS section 372.565; and providing other matters properly relating thereto.
[Approved March 9, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 100.010 is hereby amended to read as follows:
100.010 1. Subject to the provisions of subsection 2, in all assignments of property, whether real or personal, which shall hereafter be made by any person or chartered company or corporation, or by any person or persons, owning or leasing real or personal property, to trustees or assignees on account of inability at the time of the assignment to pay his, her or their debts, the wages of the miners, mechanics, salesmen, servants, clerks or laborers, employed by such person or persons, chartered company or corporation shall be held and deemed preferred claims, and paid by such trustees or assignees before any other creditor or creditors of the assignor [.] , including the state as a creditor for amounts due under the provisions of chapter 372 of NRS.
2. The claims of each miner, mechanic, salesman, servant, clerk or laborer thus preferred, shall not exceed in value $600, and the services shall have been rendered or labor performed within 90 days next preceding the assignment.
Sec. 2. The title of the above-entitled act, being chapter 396, Statutes of Nevada 1959, at page 607, is hereby amended to read as follows:
An act to amend NRS sections 78.720 and 150.220, relating to the amount of wage claims accorded priority in the dissolution of a corporation and in the order of payment of such claims in the administration of an estate, by providing a uniform amount for such claims; to amend NRS [sections 372.565 and] section 612.650, relating to [the subordination of certain claims to claims for sales and use taxes and] the priority of unemployment compensation contributions upon the distribution of an employers assets, by providing that wage claims shall have priority over unpaid [sales and use taxes and] unemployment compensation contributions.
κ1960 Statutes of Nevada, Page 154 (CHAPTER 123, SB 88)κ
Sec. 3. Section 3 of the above-entitled act, being chapter 396, Statutes of Nevada 1959, at page 607, is hereby repealed.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 87Committee on Judiciary (by request of the Statute Revision Commission)
CHAPTER 124
AN ACT to amend NRS section 616.375, relating to actions by employees against employers who fail to provide industrial insurance, by correcting an error in a cross reference.
[Approved March 9, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 616.375 is hereby amended to read as follows:
616.375 1. If any employer within the provisions of NRS 616.285 fails to provide and secure compensation under this chapter, any injured employee or his dependents may bring an action at law against such employer for damages as if this chapter did not apply.
2. The injured employee or his dependents may in such action attach the property of the employer at any time upon or after the institution of such action, in an amount fixed by the court, to secure the payment of any judgment which is ultimately obtained. The provisions of chapters 31 and 71 of NRS shall govern the issuance of, and proceedings upon, such attachment.
3. In such action as in this section provided, the employer shall not escape liability for personal injury or accident sustained by an employee of such employer, when the injury sustained arises out of and in the course of the employment, because of any of the defenses set forth in [paragraphs (a), (b) and (c) of] subsection 1 of NRS 616.300, and in such case the same presumptions as set forth in subsection 2 of NRS 616.300 shall apply.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 155κ
Senate Bill No. 49Senator Dial
CHAPTER 125
AN ACT to amend chapter 645 of NRS, relating to real estate brokers and salesmen, by adding new sections requiring an applicant for a real estate brokers license to furnish proof of successful completion of an approved course in real estate principles offered by the University of Nevada or an accredited or approved school, or of experience in the real estate business within the year immediately preceding application; by requiring the Nevada real estate commission to promulgate regulations relating to such courses and schools and to adopt regulations to the standard of instruction in such schools; and providing other matters properly relating thereto.
[Approved March 9, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 645 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. On and after July 1, 1960, in addition to the other requirements contained in this chapter, an applicant for an original real estate brokers license shall furnish proof satisfactory to the commission that he has successfully completed, within 1 year prior to the date of his application for a brokers license, a course of instruction in real estate principles, practices, procedures and ethics, which course may be an extension or correspondence course offered by the University of Nevada, or any other accredited college or university, or by any other college or school approved as provided in section 3.
2. An applicant for an original real estate brokers license may substitute, in lieu of the educational requirement, proof satisfactory to the commission that he was continuously licensed as a real estate salesman in this state or as a real estate broker or salesman in another state or district for at least 1 year within the 3 years immediately prior to the date of his application, and continuously during such time was actively engaged in the business of real estate salesman or broker.
Sec. 3. The commission, with the prior written approval of the dean of the college of business administration of the University of Nevada, shall:
1. Promulgate reasonable regulations defining what constitutes:
(a) A course of instruction in real estate principles, practices, procedures and ethics, which course of instruction shall include the subjects upon which an applicant is examined in determining his fitness to receive an original real estate brokers license.
(b) A school offering such a course.
2. Adopt regulations providing for the establishment and maintenance of a uniform and reasonable standard of instruction to be observed in and by such schools.
________
κ1960 Statutes of Nevada, Page 156κ
Senate Bill No. 32Senator Duffy
CHAPTER 126
AN ACT to amend NRS section 281.150, which prohibits payment of educational leave stipends to state officers and employees, by authorizing payment of educational leave stipends from federal funds to personnel of the state welfare department if the person seeking such stipend agrees to return to the employ of the state on the basis of one year for each nine months leave taken or to refund the amount of the stipends.
[Approved March 9, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 281.150 is hereby amended to read as follows:
281.150 1. No department, board, commission, agency, officer or employee of the State of Nevada shall authorize the expenditure of public money or expend public money for the payment of educational leave stipends to any officer or employee of the State of Nevada.
2. [The provisions of this section shall not be construed to prevent the granting of sabbatical leaves by the board of regents of the University of Nevada.] The provisions of this section shall not be construed to:
(a) Prevent the granting of sabbatical leaves by the board of regents of the University of Nevada; or
(b) Apply to the state welfare department where all of the cost of educational leave stipends may be paid from federal funds made available through the Childrens Bureau or the Bureau of Public Assistance of the United States Department of Health, Education, and Welfare pursuant to the provisions of 42 U.S.C. sec. 906 or other federal law or regulation to assist in increasing the effectiveness and efficiency of administration of public welfare programs by increasing the number of adequately trained personnel available for work in public welfare programs. No person may be granted educational leave stipends under the provisions of this paragraph until such person has entered into a contract with the state welfare department whereby such person agrees to return to the employ of such department on the basis of 1 year for each 9 months educational leave taken or to refund the amount of such stipends.
________
κ1960 Statutes of Nevada, Page 157κ
Senate Bill No. 31Committee on Judiciary
CHAPTER 127
AN ACT to amend NRS sections 41.290 and 440.160, relating to proceedings to change names of persons and the preservation and indexing of certificates of birth, by requiring the clerk of court to transmit a certified copy of each order changing the name of a person to the state registrar of vital statistics, and by requiring an index card to be kept for each name of every person; to amend chapter 440 of NRS, relating to vital statistics, by creating a new provision establishing the procedure for indicating changes of names on certificates of birth; and providing other matters properly relating thereto.
[Approved March 9, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 41.290 is hereby amended to read as follows:
41.290 1. If, within 10 days after the last publication of the notice no written objection shall be filed with the clerk, upon proof of the filing of the petition and publication of notice as required in NRS 41.280, and upon being satisfied by the statements in the petition, or by other evidence, that good reason exists therefor, the court shall make an order changing the name of the applicant as prayed for in the petition. If, within the period, objection be filed, the court shall appoint a day for hearing the proofs, respectively, of the applicant and the objection, upon reasonable notice; and upon that day shall hear the proofs, and grant or refuse the prayer of the petitioner, according to whether the proofs shall or shall not show satisfactory reasons for making the change.
2. Upon the making of an order granting the prayer of the petitioner, the same shall be recorded as a judgment of the court, and the name of the applicant shall thereupon be as stated in the order. The clerk shall transmit a certified copy of such order to the state registrar of vital statistics.
Sec. 2. NRS 440.160 is hereby amended to read as follows:
440.160 The state registrar shall:
1. Arrange, bind and permanently preserve the certificates in a systematic manner.
2. Prepare and maintain a comprehensive and continuous card index of all births and deaths registered. The cards shall show the name of the child or the deceased, the place and date of birth or death, the number of the certificate, and the volume in which it is contained. When a certificate of birth indicates that a person has changed his name, the card index shall contain a card for each name.
Sec. 3. Chapter 440 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Upon request of a person or his parent, guardian or legal representative, and after receipt of a certified copy of an order of the court changing the name of such person, whether such order was entered prior or subsequent to July 1, 1960, the state registrar shall indicate the change of name on the certificate of birth of such person.
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κ1960 Statutes of Nevada, Page 158κ
Senate Bill No. 28Committee on Judiciary
CHAPTER 128
AN ACT to amend NRS sections 200.470 and 200.480, relating to the crimes of assault and assault and battery, by providing that such crimes may be punished by both the prescribed fine and the prescribed imprisonment.
[Approved March 9, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 200.470 is hereby amended to read as follows:
200.470 An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another, and every person convicted thereof shall be [fined not exceeding $500, or imprisoned in the county jail not exceeding 6 months.] punished by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $500, or by both fine and imprisonment.
Sec. 2. NRS 200.480 is hereby amended to read as follows:
200.480 Assault and battery is any willful and unlawful use of force or violence upon the person of another, and a person duly convicted thereof shall be [fined in any sum not exceeding $500, or imprisoned in the county jail for a term not exceeding 6 months.] punished by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $500, or by both fine and imprisonment.
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Senate Bill No. 17Senator Brown
CHAPTER 129
AN ACT to amend NRS sections 321.500 and 321.510, relating to the development of Fort Mohave Valley, by allowing the acquisition of additional lands by the Colorado River commission; by authorizing such commission to relinquish any right to acquire certain land; and by providing other matters properly relating thereto.
[Approved March 9, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 321.500 is hereby amended to read as follows:
321.500 1. The commission may, on behalf of the State of Nevada, purchase or otherwise acquire from the Federal Government all or any portion of the lands described in subsection 2, at intervals during any period when such purchase may be made as provided by the Congress of the United States, including any extension of time granted by the Secretary of the Interior, or otherwise.
2. The lands referred to in subsection 1 are described as follows:
Parcel 1. All of sections 1, 12 and 13; fractional sections 24 and 25, T. 33 S., R. 65 E.
κ1960 Statutes of Nevada, Page 159 (CHAPTER 129, SB 17)κ
Parcel 2. All of sections 6, 7 and 8; fractional sections 4, 5, 9, 10 and 15, all of section 16, fractional section 17, all of section 18, fractional sections 19, 20, 21, [22 and 30,] 30 and 31, T. 33 S., R. 66 E.
Parcel 3. East 1/2 section 20, all of sections 21, 22, 23, fractional sections 24, 25 and 26, all of sections 27 and 28, east 1/2 section 29, southeast 1/4 section 31, fractional sections 32, 33, 34 and 35, T. 32 S., R. 66 E.
Parcel 4. Fractional sections 4 and 5, T. 34 S., R. 66 E., and any other surveyed land or any unsurveyed land lying between the lands described in parcels 2, 3 and 4 and the Arizona-Nevada state line.
All range references in this subsection refer to Mount Diablo base and meridian.
Sec. 2. NRS 321.510 is hereby amended to read as follows:
321.510 1. The commission may, with the advice of the department and the board of county commissioners of Clark County, undertake such engineering and planning studies and such other action as may be necessary for the development of the Fort Mohave Valley, and shall sell and dispose of lands in the Fort Mohave Valley in accordance with the plans and procedures of the commission.
2. The commission, acting for and on behalf of the State of Nevada, may relinquish all rights, powers and privileges it may have to purchase any portion, part or parcel of the lands described in NRS 321.500. Any such relinquishment shall be made by formal resolution, shall be approved by the attorney general, shall provide that no claim or rights to such lands may be asserted at any time and shall be forwarded to the Secretary of the Interior.
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Senate Bill No. 30Committee on Judiciary
CHAPTER 130
AN ACT to amend chapter 41 of NRS, relating to actions and proceedings in particular cases concerning persons, by creating a new provision requiring the court, in personal injury actions, to instruct the jury to disregard evidence or testimony relating to, the mention of, or the implication of the existence or nonexistence of liability insurance when irrelevant; by prohibiting the declaring of a mistrial in such cases; by providing that the court shall reserve its decision on the mistrial until the end of trial; and by providing other matters properly relating thereto.
[Approved March 9, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 41 of NRS is hereby amended by adding thereto a new section which shall read as follows:
If, in any action tried before a jury for personal injury alleged to have been suffered by the plaintiff, evidence concerning liability insurance carried, or not carried, by any defendant is introduced, or if an attempt is made to introduce such evidence, or if the existence or nonexistence of such insurance is mentioned, suggested or implied by any party, by counsel for any party or by any witness, and the court finds that the existence or nonexistence of such insurance is irrelevant to the issues raised in such action, the court shall so instruct the jury, but may not for that reason declare a mistrial at the time but shall reserve its decision on the mistrial until the end of the trial.
κ1960 Statutes of Nevada, Page 160 (CHAPTER 130, SB 30)κ
attempt is made to introduce such evidence, or if the existence or nonexistence of such insurance is mentioned, suggested or implied by any party, by counsel for any party or by any witness, and the court finds that the existence or nonexistence of such insurance is irrelevant to the issues raised in such action, the court shall so instruct the jury, but may not for that reason declare a mistrial at the time but shall reserve its decision on the mistrial until the end of the trial.
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Senate Bill No. 111Committee on Judiciary
CHAPTER 131
AN ACT to amend chapter 628 of NRS, relating to accountants, by creating new provisions relating to certified public accountants and public accountants; defining certain words and terms; creating the Nevada state board of public accountants and providing for the number of members thereof, their appointment, terms, qualifications, compensation and removal; providing powers and duties of such board; providing for the appointment of grievance committees and the powers and duties thereof; providing for the licensing, registration and regulation of certified public accountants and public accountants and partnerships thereof; providing for the revocation and suspension of certificates, licenses, permits and registrations; declaring certain acts unlawful and providing penalties therefor; to repeal NRS sections 628.010 to 628.080, inclusive, relating to certified public accountants; and providing other matters properly relating thereto.
[Approved March 9, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 628 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 59, inclusive, of this act.
Sec. 2. This chapter may be cited as the Public Accountancy Law of 1960.
Sec. 3. As used in this chapter:
1. Board means the Nevada state board of public accountants.
2. Live permit means a permit issued under section 39 which is not revoked or suspended.
3. State includes any state, territory or insular possession of the United States, or the District of Columbia.
4. Words in the masculine gender include the feminine.
Sec. 4. There is hereby created a board of public accountancy for the State of Nevada to be known as the Nevada state board of public accountants.
Sec. 5. 1. Except as otherwise provided in subsection 3, the board shall consist of five members appointed by the governor. Members of the board shall be citizens of the United States and residents of this state.
2. Three of the members shall hold certified public accountants certificates issued pursuant to the laws of this state, and shall be engaged in active practice as certified public accountants.
κ1960 Statutes of Nevada, Page 161 (CHAPTER 131, SB 111)κ
engaged in active practice as certified public accountants. Two of the members shall be registered as public accountants under section 36, and shall be engaged in active practice as public accountants.
3. Whenever the total number of practicing public accountants registered under section 36 shall be:
(a) Not more than 40 in number, the board shall be reduced to four members comprised of the three certified public accountant members and the one registered public accountant member whose term of office is last to expire.
(b) Not more than 25 in number, the board shall be reduced to the three certified public accountant members.
Sec. 6. 1. The certified public accountant members of the board first to be appointed shall hold office, one for 1 year, one for 2 years and one for 3 years from April 1, 1960, the term of each to be designated by the governor. Their successors shall be appointed for terms of 3 years.
2. The public accountant members of the board first to be appointed shall hold office, one for 2 years and one for 3 years from April 1, 1960, the term of each to be designated by the governor. Their successors shall be appointed for terms of 3 years. On or before March 15, 1960, the Nevada Society of Public Accountants shall submit to the governor the names of five qualified persons for the two public accountant positions on the board first to be appointed. The governor shall make the appointments from the names so submitted. Before entering upon his duties each member so appointed shall register as a public accountant as required by the provisions of section 36.
3. Upon the expiration of his term of office a member shall continue to serve until his successor is appointed and qualifies.
Sec. 7. 1. Any vacancy occurring during a term shall be filled by appointment for the balance of the unexpired term.
2. No person who has served two successive complete terms of 1, 2 or 3 years shall be eligible for reappointment until after the expiration of 1 year. Appointment to fill an unexpired term shall not be considered as a complete term.
Sec. 8. 1. The Nevada Society of Certified Public Accountants shall, at least 30 days prior to the beginning of any term, or within 30 days after a position on the board becomes vacant, submit to the governor the names of three persons qualified for membership on the board for each certified public accountant position to be filled. The governor shall appoint one of the three. Should the Nevada Society of Certified Public Accountants fail to submit timely nominations for a position on the board, then the board may forthwith submit nominations to the governor, who shall appoint one of three nominees.
2. The Nevada Society of Public Accountants shall, at least 30 days prior to the beginning of any term or within 30 days after a position on the board becomes vacant, submit the names of three persons qualified for membership on the board for each public accountant position to be filled and the governor shall appoint one of the three. Should the Nevada Society of Public Accountants fail to submit timely nominations for a position on the board, then the board may forthwith submit nominations for the position to the governor, who shall appoint one of the three nominees.
κ1960 Statutes of Nevada, Page 162 (CHAPTER 131, SB 111)κ
tions for a position on the board, then the board may forthwith submit nominations for the position to the governor, who shall appoint one of the three nominees.
Sec. 9. The governor shall remove from the board any member whose permit to practice has become void or has been revoked or suspended, and may, after a hearing, remove any member for neglect of duty or other just cause.
Sec. 10. 1. Annually the board shall elect a president and a secretary-treasurer from among its members.
2. The board may employ such personnel and arrange for such assistance as the board may require for the performance of its duties.
Sec. 11. A majority of the board shall constitute a quorum for the transaction of business, but for the purposes of sections 20 to 32, inclusive, the board means only those members of the board who are certified public accountants.
Sec. 12. Each member of the board may be compensated for each day or portion thereof spent in the discharge of his official duties while in attendance at regularly called meetings of the board, not to exceed $25 per day, and shall be reimbursed for his actual and necessary expenses incurred in the discharge of his official duties.
Sec. 13. The board may adopt and amend, from time to time, regulations for the orderly conduct of its affairs and for the administration of this chapter.
Sec. 14. The board shall:
1. Have a seal which shall be judicially noticed.
2. Keep records of its proceedings. In any proceedings in court, civil or criminal, arising out of or founded upon any provision of this chapter, copies of such records certified as correct under the seal of the board shall be admissible in evidence as tending to prove the contents of such records.
3. Have printed and published for public distribution in April of each year an annual register which shall contain:
(a) The names arranged alphabetically by classifications of all practitioners holding permits to practice under this chapter.
(b) The names of the members of the board.
(c) Such other matters as may be deemed proper by the board.
Copies of the register shall be mailed to each permitholder.
Sec. 15. All fees and other moneys received by the board pursuant to the provisions of this chapter shall be kept in a separate fund and expended solely for the purposes of this chapter. No part of this special fund shall revert to the general fund of the state. The compensation provided for by this chapter and all expenses incurred under this chapter shall be paid from this special fund. No compensation or expenses incurred under this chapter shall be a charge against the general fund of the state.
Sec. 16. The board shall file an annual report of its activities with the governor. The report shall include a statement of all receipts and disbursements.
Sec. 17. 1. The board may promulgate and amend rules of pro